SHARDABEN RANCHHODBHAI PATEL Vs. MOHAMED SHAFI MERUMIYA CHAUHAN

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, 1988 (hereinafter referred to as 'the Act' for short) against the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Fast Track Court No. 5, Ahmedabad (Rural) in MACP No. 891 of 1993 on 5/2/2007. 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 served to the opponents and the opponent No.1 appeared through his advocate but did not file any written statement, whereas, the opponent No. 2 - insurance company appeared through its advocate and filed the written statement at Exh.19. The opponent No. 2 - insurance company has mainly denied all the allegations made in the claim petition and has stated that the deceased himself was negligent for occurrence of the accident, and hence, the claim petition may be dismissed.