KOMALBEN NARESHBHAI PATEL Vs. NARESH NAGINBHAI VASAVA

JUDGEMENT

(1.) This appeal has been filed by the appellants - original claimants against the respondents - original opponents under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) against the judgment and award passed by the learned Motor Accident Claims Tribunal Vadodara in MACP No. 360 of 2011 on 25/9/2017. 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 notices were duly served to the opponents and the opponent Nos.1 and 2 did not appear, but the opponent No. 3 - Insurance Company appeared and filed the written statement at Exh. 16 denying the averments made by the claimants and contended that the opponent No. 1 was driving the truck slowly on the correct side of the road and the deceased drove the vehicle in a rash and negligent manner and there was head on collision of both the vehicles. That the deceased was contributory negligent for the occurrence of the accident and the insurance company urged the learned Tribunal to reject the claim petition.