THAKORE DHARMABHAI MOHANJI Vs. SURESHKUMAR BHUBHATLAL SONI

JUDGEMENT

(1.) THE short facts of the case appear to be that on 10. 4. 1989 when the claimant while on duty as a peon in the Octroi Naka on the highway crossing attempted to stop the respondent ? original opponent moving on his Scooter having registration No. GUT-6888 with a carton of electric fans over for which octori was not paid. The scooter was stopped for a while and thereafter the respondent started to run away whereupon the claimant chased him and after inquiry, as the respondent was to run away on scooter and as the claimant was standing in front of him, the wheel of the scooter ran over the right leg of the claimant and he sustained injuries. The claim petition was filed being MACP No. 543 of 1989 before the Tribunal for recovery of the compensation of Rs. 50,000/- against the respondent. The Tribunal after adjudication dismissed the claim petition and it is under these circumstances the present appeal before this Court.

(2.) HEARD Mr. Desai, learned Counsel for the appellant and Mr. Ashok N. Parmar, learned Counsel for the respondent. Considered the judgement and award of the Tribunal as well as the record and proceedings with the paper book of the Tribunal.

(3.) IT appears that the Tribunal found that as the act of causing alleged injuries was an intentional act, it cannot be said as an accident and, therefore, the claim petition for compensation would not lie before the Tribunal and hence, the claim was not maintainable.