GITABEN DINESHBHAI THAKKAR Vs. MUSABHAI AHMEDBHAI GARASIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Vadodara, in Motor Accident Claim Petition No.923 of 1995, by which the learned Tribunal has dismissed the claim petition on the ground that the original claimants have miserably failed to prove the involvement of Luxury Bus No.GJ-1-G-5144, which, at the relevant time of accident, was alleged to have been driven by the original opponent No.1, present appeal has been preferred by the original claimants.

(2.) Facts leading to the present appeal in nutshell are that the deceased-Dineshbhai Jethabhai Thakkar was going from his place of residence to his factory on 27-12-1993 at about 7.45 a.m. on Kinetic Honda bearing registration No.GBW-7943. That thereafter while returning home at about 8.35 a.m. when he reached near Old Housing Board near Pushpakunj Society, he met with an accident sustaining serious injuries. According to the original claimants, opponent No.1 was driving his Luxury Bus No.GJ-1-G- 5144 in full speed, rashly and negligently; he came on the wrong side and dashed with Kinetic Honda from behind. The deceased was thrown off from his Kinetic Honda and sustained serious injuries on his head, face and both the legs. That he was taken to Bhailalbhai Amin Hospital and was kept there as an indoor patient and ultimately he succumbed to the injuries on 23-6-1994. That on the date of accident itself i.e. on 27-12-1993, the father of the deceased gave police complaint with Gorva Police Station, Vadodara, being C.R.No.I-230 of 1993. However, at this stage, it is required to be noted that neither the number of the vehicle involved in the accident more particularly the number of Luxury Bus in question nor the aspect of one Prashantbhai having told him with respect to the accident was disclosed in the complaint.

(3.) Shri Jitendra H.Singh, learned advocate appearing on behalf of the original claimants, has vehemently submitted that the learned Tribunal has materially erred in dismissing the claim petition against the respondents herein-original opponents.