MOHMADJAFAR ABDUL HAKIM MUTVALLI Vs. VINODBHAI SALUBHAI ASARI

JUDGEMENT

(1.) This appeal has been filed by the appellant - original claimant 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.), Sabarkantha at Idar in MACP No.4 of 2006 on 22/2/2017. 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 opponents were duly served with the notices but the opponent Nos. 1 and 2, who are the driver and the owner of the Tata Spacio involved in the accident, did not appear before the learned Tribunal. The Opponent No.3 - Insurance Company appeared and filed the written statement at Exh.16 denying all the allegations made in the claim petition. The opponent - Insurance Company mainly contended that the accident took place on 27/7/2004 is not reported to the Insurance Company and there is no spot survey of the vehicle and involvement of the Tata Spacio in the accident is totally denied. The opponent - Insurance Company has prayed to dismiss the claim petition of the claimant.