BABUBHAI RAVJIBHAI PATEL Vs. RAMABHAI SOMABHAI POLICE

JUDGEMENT

(1.) The appellants, being aggrieved by the award dated 3rd October, 1988 passed by the learned Motor Accident Claims Tribunal, Valsad at Navsari in M.V.C.P. No.47 of 1984, are before this Court with a submission that the learned Tribunal below erred in dismissing the claim petition.

(2.) The short facts necessary for disposal of the present appeal are that the appellants-claimants came to the lower Court with a submission that the truck bearing Registration No.GRD-7217 was rashly and negligently driven by respondent No.1, it had hit a young boy of 15 years who was going on a cycle. The respondents appeared before the lower Court and submitted that the truck was going on with a steady speed; after hearing some sound from the back, the driver stopped the vehicle and found that the cyclist had fallen on the ground. They submitted that the boy was trying to overtake the truck, but, as his cycle wheel fixed in the road side mud, he fell on the body of the truck and suffered fatal injuries.

(3.) The learned Tribunal below, after hearing the parties, came to the conclusion that the claimants could not prove that the driver of the vehicle was negligent or was cause of the accident.