DHIRUBHAI MOHANBHAI PATEL Vs. PRAVINCHANDRA HARIPRRASAD TRIVEDI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 03.10.1988 passed by the Motor Accident Claims Tribunal, Valsad at Navsari [for short, "the Tribunal"] in Claim Petition No. 307 of 1985 whereby, the said petition was dismissed with costs.

(2.) THE brief facts of the case are as under ;

(3.) HEARD learned counsel for the parties and perused the documents on record. From the 'panchnama' Exhibit 49, it transpires that the motor -cycle driven by the appellant herein had hit the S.T. Bus on the rear portion off the conductor side. It also transpires that the said S.T. Bus was also being driven on the correct side of the road. Apart from that in his statement before the Police at Exhibit 55, the appellant had admitted that he had lost control over the motor -cycle, as a result of which he dashed the S.T. Bus. In that view of the matter, it has to be said that the accident in question occurred on account of the sole negligence of the appellant. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, hence, find no reasons to interfere with the same.