SOMABHAI KALUBHAI PATEL Vs. GAMBHIRSINH ISHVERSINH GOHIL

JUDGEMENT

(1.) THE learned advocate for the appellants is permitted to transpose appellant no. 3 as respondent no. 2. It is stated by Mr. S.B. Parikh learned advocate that he has instructions to appear on behalf of respondent no. 2 and he undertakes to file his appearance on or before 19th January, 2007.

(2.) THIS is an appeal filed under Section 110 -D of the Motor Vehicles Act, 1939 by the original opponents of MACP No. 462 of 1983. The said petition was decided and disposed of by MACT [Auxi.] at Surat by the judgment and award dated 11th August, 1989. By the said award, respondent no. 1 who was original applicant before the Claims Tribunal has been awarded a sum of Rs.57,000=00 together with interest thereon at the rate of 12% per annum from the date of the petition till realization and proportionate costs, by way of compensation for the injuries received by him in a vehicular accident which took place on 23rd March, 1981 at about 11:00 a.m.

(3.) ACCORDING to respondent no. 1 on that day he was proceeding on foot on Surat -Kadodara road. He was walking on the left side of the road. When he reached near sign board of Puna patia, appellant no. 1 who was driving his vehicle namely, Matador bearing registration no. GTT 5278 in a rash and negligent manner, dashed against him. As a result of the same, he sustained serious injuries on both the legs and other parts of the body. He was immediately removed to Surat General Hospital where he was treated as indoor patient. According to him, the hospitalization was for more than six months. He, therefore, filed the aforesaid petition for claiming compensation of Rs. 1 lakh. The claim was resisted by the insurance company i.e., present respondent no. 2 by filing written statement at Exh. 12. The insurance company denied that the accident was caused by Matador bearing registration no. GTT 5278 on Surat -Kadodara road. It also denied the rest of the averments made by respondent no. 1. So far as opponent no. 2 is concerned, he filed written statement at Exh.76, which was on similar line.