AMARSINH Vs. GULABBHAI RANCHHODBHAI PATEL

JUDGEMENT

(1.) The appellant- Original Claimant has preferred this appeal under Sec. 173 of the Motor Vehicles Act (hereinafter referred to as "the Act"), being aggrieved and dissatisfied by the judgement and award passed by the learned Motor Accident Claims Tribunal (Main), Narmada at Rajpipla (hereinafter referred to as "the Tribunal") in M.A.C.P. No. 113 of 2010 on 12/12/2011.

(2.) The facts that emerge from the record are as under:-

(3.) The summons was duly served to all the opponents and the opponent No.1 remained absent whereas the opponent No.2 - Insurance Company appeared and filed a written statement at Exh. 18 inter alia denying all the avements made in the claim petition including the involving of the offending vehicle in the accident. Moreover the Insurance Company has also contended that the applicant himself was driving the vehicle at the time of the accident and is not entitled for any compensation under the Motor Vehicles Act but should file an application under the Workmen Compensation Act .