AHMED AHAIYAT SAIYED Vs. IBRAHIM BHACHAL SHAH

JUDGEMENT

(1.) RESPONDENT No. 1 had filed Motor Accident Claim Petition No. 159 of 1980 before the Motor Accident Claims Tribunal, Valsad at Navsari, contending that he had hired the motor truck bearing Registration No. GTY 4304 owned by appellant No. 2 of which appellant No. 1 was driver for carrying his goods i.e. goats and sheep from Anjar to Bombay. It was his say that he was dealing in goats and sheep and that he was sitting in the cabin of the aforesaid truck when the goats and sheep were carried in it on 31st March 1980.

(2.) AT about 2-30 p.m. when the truck reached near village Astagam of Navsari Taluka, it, overturned and toppled on the side-as a result of which his 65 goats and 3 sheep died on the spot and he was also injured.

(3.) AGAINST this judgment and award, the appellants, driver and owner of the vehicle respectively, have preferred the aforesaid appeal.