BIPINKUMAR SENDHABHAI PATEL Vs. BABUBHAI SHANKARBHAI MADHABHAI BECHARBHAI

JUDGEMENT

(1.) Heard learned advocate Mr.Ravindra Shah for the petitioner, learned advocate Mr.Amit N. Patel for the respondent No.1 as well as learned advocate Mr.Maulik J. Shelat for respondent No.2 and perused the record.

(2.) The respondents have objected to allow this petition on various but technical grounds.

(3.) The petitioner herein is original opponent no.2 in Motor Accident Claims Petition No.795 of 1998 before the Motor Accident Claims Tribunal, Mehsana. The Motor Accident Claims Tribunal (Aux.), Mehsana has, by its judgment and order dated 27.11.2009 partly allowed the claim petition of the present opponent No.1 awarding an amount of Rs.5,18,700/- to him. However, the Tribunal has dismissed the claim petition against opponent No.2 - insurance company on the ground that opponent No.1 - original claimant being victim of the road accident was travelling in a goods vehicle and, therefore, Insurance Company cannot be held liable to pay the compensation to him. Therefore, such award is only against owner of the vehicle i.e. original opponent No.1 in such claim petition who is petitioner in the present petition.