DIVYABEN PRAMODBHAI GANATRA Vs. DRIVER

JUDGEMENT

(1.) Legal heirs of deceased Jatinkumar Pramodbhai Ganatra have challenged the judgment and award dtd. 20/7/2017 passed by the learned Motor Accident Claims Tribunal (Main), Morbi (Tribunal) in Motor Accident Claim Petition No. 1687 of 1999, renumbered as Motor Accident Claim Petition No. 158 of 2013 (claim petition). The appellants - claimants have raised the ground inter alia stating that the learned Tribunal has erred in holding the deceased negligent to the extent of 40% while, according to the facts of the case, the learned Tribunal ought to have considered that the Crane was in the middle of the road, without any indicator / reflector and without following the traffic rules.

(2.) Since both the appeals arise from the same judgment and award, one filed by the claimants and another by the insurance company, both are decided by this common judgment.

(3.) Mr. Sheth, learned advocate for the appellants in First Appeal No. 1872 of 2019 submitted that the FIR was filed against the driver of the Crane and further, the Panchnama, read with the FIR, clearly indicates that the Crane was on the middle of the road, further the opponent has not examined the driver of the Crane to prove the negligence aspect and thus, learned advocate Mr. Sheth stated that the learned Tribunal has erred in fastening 40% negligence on part of the deceased.