MAHENDRABHAI GATUBHAI MODI Vs. MEHULBHAI SUBODHCHANDRA SHAH

JUDGEMENT

(1.) The claim petitions have been filed by both husband and wife and daughter as MACP Nos.917 of 1992 to MACP No.919 of 1992, challenging the common judgment and award dtd. 29/9/2001 passed by Motor Accident Claims Tribunal (Auxi.), Sabarkantha at Himatnagar. MACP No.918 of 1992, was for daughter aged about 19 years at the time of filing the claim petition.

(2.) Learned advocate Mr. Apurva K.Jani for the appellant submits that the applicant of MACP No.918 of 1992 is now no more. She died on 30/4/2011 and, thus, states that rest of the parents are legal heirs, who are the claimants of MACP Nos.917 of 1992 and 919 of 1992.

(3.) Learned advocate Mr. Vibhuti Nanvati for the United India Assurance Co. Ltd. submitted that the drivers of both the vehicles were not holding the valid and effective licence and stringent cogent evidence were not produced on record to prove the case of the applicants. Mr. Nanavati stated that the Tribunal has assessed both the vehicles equally negligent, however, did not consider that the driver of the Truck was on its correct side and in moderate speed, and the accident occurred because of sole negligency of the Contesa Car.