DASHRATHBHAI MOHANBHAI NAI Vs. NIRANJANBHAI PRANJIVANDAS TALATI

JUDGEMENT

(1.) This appeal has been filed by the appellants- legal heirs of the 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, Fast Track Court No. 3 at City Civil and Sessions Court, Ahmedabad in Motor Accident Claim Petition No. 712 of 2022 on 12/03/2007. The parties are hereinafter referred to as the claimant(s) and the opponent(s) 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 summons but the opponent Nos. 1 and 2 did not appear before the learned Tribunal. The Opponent No. 3-Insurance Company appeared and filed a written statement at Exh: 17 denying all the contents of the claim petition and pleaded that the claimant was equally contributory negligent for the occurrence of the accident and hence the learned tribunal learned urged to dismiss the claim petition against them.