BALVANTSINH NARVATSINH SOLANKI Vs. PRASHANTKUMAR RAJENDRAKUMAR SHAH

JUDGEMENT

(1.) This appeals have been preferred by the appellants-original claimants under Sec. 173 of the Motor Vehicles Act (for short "the Act") being aggrieved and dissatisfied by the common judgment and award passed by the learned Motor Accident Claim Tribunal(Aux.), Vadodara in M.A.C.P.No.795 of 2003, M.A.C.P.No. 796 of 2003 and MACP No. 797 of 2003 dtd. 29/11/2011. All the claim petitions have arisen out of the same accident and the learned Tribunal has disposed the claim petitions by a common judgment dtd. 29/11/2011. First Appeal No.355 of 2013 and First Appeal No. 356 of 2013 have arisen out of the same common judgment hence, both the appeals are disposed of by a common judgment.

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

(3.) Notices were duly served to all the opponents in the claim petitions and the opponent Nos.1 and 2 did not appear whereas, the opponent No.3 -Insurance Company appeared and filed the written statements at Exhibits 13, 14 and 15 respectively in all the claim petitions mainly denying all the averments and allegations made in the claim petitions. The Insurance Company has inter alia contended that the applicant of MACP No. 796 of 2003 was solely responsible for causing the accident as he was driving the motorcycle with two pillion riders and while trying to overtake one luxury bus lost control over the motorcyle and dashed it with the vehicle of opponent No.1 and the opponents are not liable to pay any amount of compensation to the claimants.