SHIMABHAI ALIAS CHIMANBHAI S/O DITABHAI ALIAS CHITUBHAI KATRE Vs. ANVARBHAI MAHNTMADBHAI VAHORA AND ANR.

JUDGEMENT

(1.) Shri Y.M. Thakkar, learned Counsel for the appellant; Ms. Jyoti Mehta, learned Counsel for the respondent No. 2 ; none for the respondent No. 1.

(2.) The claimant, being partly aggrieved by the judgment and award dated 26th Feb., 1982 passed by the M.A.C. Tribunal (Main), Baroda in M.A.C. Case No. 105/81, is before this Court seeking enhancement in the awarded amount.

(3.) From the records, it does not appear that any cross-appeal or cross-objections have been filed challenging the liability and negligence on the part of the driver or vicarious liability of the respondent, Gujarat State Road Transport Corporation. In view of this, the Court must hold that the Tribunal was justified in holding that the driver was rash and negligent, he occasioned the accident and the claimant suffered injuries in the said accident as detailed in the judgment of the Tribunal.