RAMESHCHANDRA VADILAL SHETH Vs. BHAVINKUMAR HARESHKUMAR JAYSWAL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, has been preferred by the appellants ' original claimants, being aggrieved and dissatisfied with the judgment and award dtd. 16/3/2010 passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No.57 of 2000.

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

(3.) Learned advocate Mr. Solanki for the appellant - claimants made two fold submissions. Firstly, he submits that learned Tribunal in absence of evidence, erroneously, contributed 15% negligence to deceased - Rameshchandra in causing road accident. Taking this Court through facts of the case, he would submit that width of road was 23 feet 8 feet. Deceased at the relevant time was riding motorbike. Luxury bus dashed with motorbike, resulting into death of Rameshchandra. He would submit that police record demonstrate that luxury bus driver fled from the spot and persons who were on motorbike died. It is submitted that all this indicates that driver of luxury bus was fully negligent in causing road accident, but learned Tribunal for no reason attributed 15% negligence to the deceased - Rameshchandra, who was motorcycle driver. It is also submitted that luxury bus driver who was served with process did not enter to contest the proceedings or to contest claim petition by filing written statement nor has entered into witness box to discharge burden upon him, yet learned Tribunal contributed 15% negligence to the deceased. Such finding is erroneous on the face and required to be quashed and set aside.