RAIBEN Vs. PARASNATH RAMAVATAR YADAV

JUDGEMENT

(1.) PRESENT appellant ­ original claimant has preferred this appeal against the judgment and award dated 30.11.2004 passed by the learned M.A.C.Tribunal (Auxi.), Ahmedabad (Rural) in M.A.C.P.No.478 of 1992 by which the claim petition preferred by the appellant has been dismissed.

(2.) ACCIDENT took place on 07.10.1991 between jeep no. GBZ 9518 and military jeep No.86B37791. In the said accident deceased lost his life and other persons received injuries. Claim petition is filed by the legal heirs of the deceased for getting compensation of Rs.7,00,000/. Respondent no.2 vide Exh.19 denied allegations and made averments that under the military law procedure, driver of the military jeep was acquitted and so sole accident took place due negligent of the driver of the jeep i.e. deceased. Driver of the military jeep has not filed reply nor appeared before the Tribunal.

(3.) IT is submitted by learned advocate for the respondent that no error is committed by the Tribunal as applicant / claimant was himself driver of the offending vehicle and so it is requested to dismiss the appeal. It is also submitted that judgment passed by the Tribunal is just and proper and not required to be interfered by this Court and so it is requested to dismiss the appeal.