NANJIBHAI RAMJJIBHAI BHALARA Vs. GANPATLAL SUNDARLALL

JUDGEMENT

(1.) HEARD learned Advocate Mr Prabhakar Upadhyay on behalf of learned Advocate Mr U.T. Mishra for the appellant/original claimant and Learned Advocate Mr Sunil Parikh for respondent No.3-New India Assurance Company Ltd., Junagadh.

(2.) BY way of this appeal under section 173 of the Motor Vehicles Act, 1988 the appellant has challenged the judgment and order dated 31.1.2011 passed by the learned Addl. District Judge and Motor Accident Claim Tribunal (Aux.), 3rd Fast Court, Junagadh in Motor Accident Claim Petition No. 734 of 1997.

(3.) REFERRING to the complaint dated 25.11.1996 filed by the driver of the appellant i.e. Gulabkhan Alikhan Pathan, it appears that as mentioned in the complaint, driver of the truck bearing Registration No. RJ-14G-4845 was driven his truck in excessive speed and in rash and negligent manner and collided with the rear portion of the tempo with force and the said tempo vehicle collided with the rear portion of the ambassador car of the applicant and thereby caused the accident. The ambassador car in question was driven by Gulabkhan Alikhan Pathan who has filed the complaint referred above. As per the complaint, driver of the truck bearing registration No. RJ-14G-4845 has dashed with the rear portion of the tempo and the tempo in turn dashed with the rear portion of the ambassador car of the present appellant.