SUREKHABEN Vs. MUKESH RANCHHODBHAI PATEL

JUDGEMENT

(1.) This appeal has been filed by the appellants-original claimants against the respondents-original opponents under Sec. 173 of the Motor Vehicles Act, ( 'The Act', for short) against the judgment and award passed by learned Motor Accident Claims Tribunal (Aux.) Panchmahals @ Godhara in Motor Accident Claim Petition No. 1573 of 1999 on 7/1/2013. The Cross objections have been filed by the original respondent No. 2-Gujarat State Road Transport Corporation against the original claimants and the original opponent No.1-driver of ST Bus No. GJ-18-V-3573. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

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

(3.) The notices were duly served to the opponents but the opponent No. 1 did not remain present whereas the opponent No. 2 ST-Corporation appeared and filed the written statement at Exh; 38 mainly denying all the contents of the claim petition and have stated that ST Bus No. GJ-18-V-3573 is not involved in the accident and has urged the Tribunal to dismiss the claim petition.