GUNVANTKUMAR P PATEL Vs. VADILAL P PARIKH

JUDGEMENT

(1.) Mr.H.H. Parikh, under authority of Mr.H.M. Parikh, learned counsel for the appellant. None for the respondent Nos.1, 3 and 4 though served. None for the respondent No.2, though the name of Mr.P.F. Makwana, learned counsel is shown in the Daily Board.

(2.) The appellant claimant, being aggrieved by the award dtd.8/9/1987 passed by the learned Motor Accident Claim Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.780 of 1983, is before this Court with a submission that the learned tribunal was unjustified in exonerating the driver and owner of the truck and consequently, erred in exonerating the Insurance Company.

(3.) Mr.Parikh, learned counsel for the appellant submitted that from the Panchnama Exh.72 and the oral statements available on the records, it would clearly appear that the truck, in fact, dashed against the motorcycle, as a result of which, the motorcycle was thrown away and the claimant had suffered the injuries. He submitted that the tribunal was unjustified in dismissing the claim against the driver, owner and insurer of the truck.