ABBASKHA ALLARAKHA Vs. BANUMA BODUBHAI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act ["the Act" for short] is at the instance of the original opponent nos. 1 and 2, the alleged owner and driver of the offending tractor -cum -trailer and is directed against an award dated 27th October 2005, passed by the M.A.C. Tribunal [Main], Junagadh in M.A.C.P No. 251 of 1988, thereby awarding a sum of Rs. 48,000/ - as compensation for the injuries caused to the victim.

(2.) BEING dissatisfied, the owner and the driver of the offending vehicle have come up with this appeal. According to the claim -petition, while the victim was going in an autorickshaw, a tractor -cum -trailer owned by the present appellants coming from the opposite direction with high speed was driven negligently and in the process, it had hit the autorickshaw, causing injuries to the victim.

(3.) IN the written statement filed by the present appellants, they denied the involvement of the vehicle and specifically asserted that at the relevant point of time, the alleged tractor or the trailer were not at the said place. At the time of hearing, the mother of the victim, the so -called eyewitness appeared in support of the claim -application. Apart from that, a doctor was also examined for the purpose of proving the disability of the victim.