AMIRALI JAFARALI KHOJA Vs. MOHMADBHAI USMANBHAI SHAIKH

JUDGEMENT

(1.) The appellant-Faridabanu (since deceased through her legal representatives) has filed the present appeal, being aggrieved by the judgement and award dated 7th May, 1982 passed by the learned Motor Accident Claims Tribunal, Valsad in M.A.C.P. No. 104 of 1980, dismissing the claim, is before this Court with a submission that the learned Tribunal below was unjustified in dismissing the claim.

(2.) In an accident between two trucks bearing Registration Nos. GTC-3113 (belonging to the appellant) and GTB-6834 (driven by one Gangaram Bhalaji Rajput), the driver of other truck bearing No. GTB- 6834 suffered certain injuries and one inmate of the truck, namely, Abhesinh Pratapbhai Baria also suffered certain injuries. The said Abhesinh filed M.A.C.P. No. 75 of 180, but, during pendency of the said claim petition, he died as a result of the injuries, therefore, his legal representatives were substituted on record. The driver of truck No. GTB-6834 filed M.A.C.P. No. 105 of 1980 and the present appellant - Faridabanu also filed M.A.C.P. No. 104 of 1980 against the owner of truck No. GTB- 6834 and the Insurance Company. The case of Abhesinh was that the accident was the result of rash and negligent driving on the part of each of the drivers, while the case of Gangaram Bhalaji Rajput, the driver of truck No. GTB-6834, was that the accident was result of sole negligence on the part of the driver of truck No. GTC-3113. The claim of Smt. Faridabanu was that her truck suffered damages to the extent of Rs. 60,000/- and the accident was result of rash and negligent driving on the part of Gangaram Bhalaji Rajput.

(3.) The learned Tribunal below, after recording the evidence and hearing the parties, held that the driver of truck No. GTC-3113 was author of the accident, there was no negligence on the part of the driver of the truck No. GTB-6834. It allowed the claim in M.A.C.P. No.75 of 1980 and M.A.C.P. No. 105 of 1980 against the owner and Insurance Company of truck No. GTC- 3113, owned by the present appellant, but, dismissed M.A.C.P. No. 104 of 1980 filed by the appellant.