HANSABEN @ HANSBAI BUDHARAM MAHESHWARI Vs. GOVIND MALSHI DANICHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the learned Motor Accident Claims Tribunal, Kutch, at Bhuj (hereinafter referred to as "Tribunal") below applications Exh.34 and 43 and consequently below Exh.1 in Motor Accident Claim Petition No.954/1999 by which the learned Tribunal has dismissed the said claim petition rejecting the application submitted by the original claimants to treat the same under Section 166 of the Motor Vehicles Act (hereinafter referred to as "MV Act"), the original claimants have preferred the present First Appeal.

(2.) Facts leading to the present First Appeal in nutshell are as under:

(3.) Shri MTM Hakim, learned advocate for the appellants ­ original claimants has vehemently submitted that in the facts and circumstances of the case the learned Tribunal has materially erred in dismissing the claim petition submitted by the claimants which was submitted for getting compensation under Section 166 / 163 A of the Act.