MONGHIBEN KARSHAN AYAR Vs. KANTILAL GOPALJI THAKKAR

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - claimants, being aggrieved and dissatisfied with the judgment and award dtd. 10/9/2013 passed by the Motor Accident Claims Tribunal (Aux.-6), Kachchh at Bhuj in Motor Accident Claim Petition No.542 of 1994, by which the Tribunal has rejected the claim petition.

(2.) Brief facts of the case as per claimants are as under:

(3.) Learned advocate for the appellants - claimants has submitted that the impugned judgment and award passed by the Tribunal is unjust and improper. It is submitted that the Tribunal has committed gross error in not believing the materials available on the record. He has submitted that separate complaint is filed before the Magistrate, in addition to F.I.R., already registered before the concerned Police Station for the same accident. Furthermore, it is submitted that two independent witnesses, who are eye-witnesses of the accident, were also examined during the course of the trial, but the Tribunal has wrongly come to the conclusion that the claimants have not properly produced the necessary documentary evidence and have also failed to prove its case to get the compensation.