ISHWARBHAI GULABBHAI PATEL Vs. MANJULABEN BHAGUBHAI MAISURIYA

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accident Claims Tribunal, Valsad in Claim Petition No.118 of 1983 dated May 13, 1985. Claimants submit that Bhagubhai Kikabhai [deceased] was coming from Navsari town on his motor cycle bearing registration GRD 6228 to his home in Chikhali. When he reached near the signboard of village Khadsupa on National Highway No.8, motor car bearing registration GTR 8249 which was parked on the --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the Judgment? left side of the road, suddenly started and took a right turn. The motor cycle coming on the road from rear side rammed into the said Car. The deceased received serious injuries on his right leg and chest. Initially, he was treated by the Doctor at Preliminary Health Centre, Khadsupra, thereafter shifted to K.G.Hospital, Navsari. While under the treatment, he died on 11.2.83. .RS 2

(2.) The claimants filed petition for Rs.2.50 Lac alleging negligence on the part of the driver of the motor car. The opponents dispute the claim. They submit that motorcyclist was negligent. Car was being taken to the right carefully after giving signal and seeking assistance of the policeman. Looking to the nature of passage having been cleared with difficulty, accident between two trucks having taken place, negligence cannot be attributed to the driver of the car.

(3.) Question for determination before the Tribunal was, whether the deceased died in the accident caused due to rash and negligent driving of the car by the opponent and, whether claimants are entitled to compensation. If Yes, what amount of compensation is payable to them.