JITENDRAKUMAR GANPATLAL MODI Vs. LALITKUMAR JASVANTKUMAR VYAS

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, ( ' The Act ', for short) against the judgment and award passed by learned M.A.C.Tribunal (Aux.) Sabarkantha @ Himmatnagar, in Motor Accident Claim Petition No. 683 of 1997 on 14/9/2005. 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 and the opponent Nos. 1 and 2 appeared before the learned Tribunal and filed their written statement at Exh: 15 and the opponent No.3 appeared and filed a written statement at Exh.30. The opponent Nos 1 and 2 admitted the factum of accident but denied that the opponent no. 1 was driving the jeep rashly and negligently at the time of accident and have stated that a dog came on to the road and as it was raining, the opponent No.1 suddenly applied breaks and hence the vehicle turned turtle. The opponent No. 3 denied all the allegations of the claim petition and has stated that the jeep is a private vehicle and does not cover the risk of a gratuitous passengers and the opponent no. 3 is not liable to pay any compensation.