LAWS(GJH)-2007-2-193

JASHWANTBHAI PUNISINH BARAIYA Vs. IBRAHIMBHAI SADIKBHAI MAULAVI

Decided On February 05, 2007
Jashwantbhai Punisinh Baraiya Appellant
V/S
Ibrahimbhai Sadikbhai Maulavi Respondents

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and three separate awards dated 26th June 2000 rendered by the Motor Accident Claims Tribunal, Nadiad in MACP Nos.266 to 268 of 1991.

(2.) ON 7th April 1990, when all the claimants were travelling in a matador going from Surat to Ahmedabad, their vehicle met with an accident near Mogar village on the National Highway. The matador dashed against an incoming truck bearing registration No.GRN -5230 and all the three occupants of the matador received injuries of different seriousness.

(3.) MACP No.268 of 1991 came to be filed by Shri Jaswantbhai Punisinh Baraiya, driver of the matador who claimed a compensation of Rs.2 lacs from driver, owner and Insurance Company of the offending truck. Similarly, MACP No.266 of 1991 came to be filed by Shri Balaji Shetanji Baraiya who was travelling in the matador as a labourer claiming compensation of Rs.50,000/ - for the injuries he received in the accident. MACP No.267 of 1991 came to be filed by Kiritsinh Parmar who was also travelling in the matador as a cleaner seeking compensation of Rs.50,000/ - for the injuries received by him in the accident.