MEENABEN RAMESHBHAI RATHOD Vs. VINAYBHAI ROOPSING GAMIT

JUDGEMENT

(1.) THE appellant has, by way of preferring present appeal, challenged the judgment and award dated 7 th January 2008 passed by the Motor Accident Claims Tribunal (Aux), FTC No.2, Bharuch (hereinafter referred to as 'the learned Tribunal') in Motor Accident Claim Petition No. 980 of 2003 (hereinafter referred to as 'the claim petition').

(2.) BRIEFLY stated the appellant had filed a claim petition under the provisions of Section 166 of the Motor Vehicles Act, 1988 for claiming compensation of Rs.2,00,000/ on account of the injuries sustained by her in vehicular accident. On conclusion of the trial, the learned Tribunal dismissed the claim petition under judgment and award dated 7th January 2008. Being aggrieved by and dissatisfied with the said judgment and award, the appellant has preferred present appeal.

(3.) MR . Joshi, learned advocate for the appellant submitted that the learned Tribunal has committed an error in dismissing the claim petition solely on the ground of nonjoinder of principal tort feasor i.e. driver of the vehicle viz. Mr. Mukesh Chunilal Chaudhari as a party opponent and therefore the judgment and award may be quashed and set aside. Mr. Joshi, learned advocate for the appellant has also submitted that the matter may be remanded back to decide afresh in accordance with law after affording reasonable opportunity to all the parties.