GHANSHYAMBHAI BABUJI BARAD Vs. CHIRAGKUMAR HASMUKHBHAI PATEL

JUDGEMENT

(1.) When the matter is called out today, learned Advocate for the appellant Mr. Hiren M. Modi has placed on record the copy of the R.C. Book as additional evidence and also, the online details of the vehicle involved.

(2.) The date of accident is 4/11/2007 and according to the R.C. Book, on the date of the accident, the owner of the vehicle is shown as Bhikhabhai Shambhudas Patel. The R.C. Book was updated on 7/7/2007. It is further submitted that though the R.C. Book was available, the same was not produced and further, the necessary and proper party as the owner of the vehicle was Bhikhabhai Shambhudas Patel and not the present appellant. Thus, it is submitted that the liability ought to have been considered on the owner of the vehicle. In addition, it is submitted that an amount of Rs.25,000.00 has been deposited by the appellant towards statutory limitation.

(3.) Having heard learned Advocate appearing for the appellant herein and on going through the records of the case, this Court deems it just and proper to remand Motor Accidents Claim Petition No.199 of 2008 to the file of the learned Motor Accident Claims Tribunal (Aux.), Ahmedabad. Let the above issue be decided by the Tribunal by joining Bhikhabhai Shambhudas Patel as the party respondent and the present appellant be granted an opportunity to provide the documents on record to prove the ownership of the vehicle at the time of accident, and the same be decided in accordance with the provision of law.