RAJESHBHAI BHANABHAI PATEL Vs. DHARMENBHAI JINENDRABHAI DESAI

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant being aggrieved and dissatisfied with the judgment and award dtd. 24/2/2012 passed by the Motor Accident Claims Tribunal, Ahwa in Motor Accident Claim Petition No.94 of 2011.

(2.) The brief fact of the present appeal is such that the appellant on 24/02/2011 at 19:30 hours was returning from Valsad to Ahwa on his own Motorcycle No. GJ-15-Q-8763 by driving it in moderate speed and following the traffic rules. It is submitted that when he reached near Ashrma Shala between village Dhulchaud and Chikatiya, the respondent no.1 coming with his Motorcycle No. GJ-19-Q-9221 from opposite direction by driving it in rash and negligent manner and dashed with the Motorcycle of the appellant. It is submitted that due to the accident the appellant sustained serious fracture injuries on his right leg and also sustained the injuries on the various part of the body. The appellant received 24% disablement. Therefore, the appellant has prayed the compensation against the present respondent by way of filing a petition before the Motor Accident Claim Tribunal, Dangs at Ahwa to tune of Rs.5,75,000.00.

(3.) Questioning the findings of the learned Tribunal attributing 75% negligency to the claimant in causing the road accident, learned advocate for the appellant would submit that the findings of the learned Tribunal is totally erroneous. He would further submit that in the present case, the accident took place between two vehicles having same nature. He would further submit that the learned Tribunal at more than once believed that the real facts cannot be found out, yet, the learned Tribunal, without assigning any reason, attributed 75% negligency to the claimant by simply stating the same in one line. He would further submit that the claimant and the original opponent No.1 entered into the witness box and therefore, principle of res ipsa loquitur cannot be taken into consideration, but the learned Tribunal.