SHAKTABHAI RAMABHAI PATEL Vs. MEGHABHAI BHEMABHAI PATEL

JUDGEMENT

(1.) The claimant has challenged the judgment of dismissal passed in M.A.C.P. No.3417 of 2009 by Motor Accident Claims Tribunal (Auxi.), Banskantha at Deesa on 29/11/2021, which was originally recorded as M.A.C.P. No.484 of 2007. The notice has been served for final hearing, but none has appeared for the respondents.

(2.) Advocate Mr. Vishal C.Mehta for the appellant submitted that the Tribunal has erred in not appreciating the materials and the documents on record and has erred in disbeliving the rash and negligent driving on the part of the driver of the offending motorcycle, and has erred in not appreciating the fact that the complaint, Exh.37, was filed by the motorcyclist himself, who was driving in excessive speed and due to sudden application of the brakes, the accident had led to injuries sustained by the claimant.

(3.) In United India Insurance Company Ltd. Vs. Shila Datta & Ors., reported in (2011) 10 SCC 509, it was observed that rule of pleadings do not strictly applied in the claim petition under Motor Vehicle Act . The Tribunal considers the claim and determines the compensation, not by way of adversarial system, while summary procedure is required to be followed.