HALLABHAI P GAMIT Vs. RAMESHBHAI KIKABHAI GAMIT

JUDGEMENT

(1.) The appellant, being aggrieved by the judgement and award dated 21st March, 1984 passed by the learned Member, Motor Accident Claims Tribunal (Auxiliary), Surat in M.A.C.P. No.548 of 1981, rejecting the claim made by the claimant, is before this Court.

(2.) The short facts necessary for disposal of this appeal are that the claimant was proceeding on a cycle with his son in the vicinity of Vyara City; a truck bearing registration No. GTC-4356, driven by one Rameshbhai in rash and negligent manner, coming from the other side, dashed the cycle, as a result of which the two riders of the cycle were thrown away, the son died on the spot and the claimant also suffered injuries. The claimant filed a claim in the sum of Rs.5,000/- for the injury suffered by him and Rs.15,000/- towards the pecuniary loss suffered by him due to the death of his son.

(3.) The claim petition was resisted by respondent No.3 by filing the written statement contending, inter alia, that they are not at all liable to make the payment. The driver of the truck also submitted that it is false to say that the truck was involved in the accident.