BHANUBEN P. JOSHI Vs. KANTILAL B. PARMAR

JUDGEMENT

(1.) The unsuccessful claimants have challenged the dismissal of their entire claim in Motor Accident Claim Petition No. 217 of 1988 by the Motor Accident Claims,Tribunal (Auxiliary), Sabarkantha, at Himatnagar, by invoking the aids of the provisions of Section 173 of the Motor Vehicles Act, 1988.

(2.) A conspectus of the material facts giving birth to the present appeal may shortly be narrated at the outset so as to appreciate the merits of the claim and challenge against it.

(3.) The accident in question occurred on 10 -10 -1986 at about 10.00 p.m. The deceased Pranshankar Jayshankar Joshi was travelling as a pillion rider on the motor -cycle bearing No. GJU 5872 and driven by one Kantilal Babubhai Parmar, which was proceeding on the highway leading from Ambaji to Modasa. According to the case of the claimants, when the said motor -cycle reached near Gajan Bus Stand, on Shamlaji -Modasa Highway, at about 10.00 p.m., an unidentified truck dash against the motor -cycle driven by the opponent No. l, Kantilal Babubhai Parmar, with the result, the deceased Pranshakar and the driver of the motor cycle, that is original opponent No. l, Kantilal Babubhai Parmar, were thrown on the road. The truck driver run away alongwith the truck after the occurrence of the accident. It is also the case of the claimants that the original opponent No. l, Kantilal, was driving his motor cycle with excessive speed and in violation of the traffic rules and he was also contributory responsible for the emergence of the unfortunate road accident.