DEVINKUMAR KHANDUBHAI PATEL Vs. GURMUKHSING NIRMALSING

JUDGEMENT

(1.) Heard learned advocate Mr. Ishan Mihir Patel for the appellant and learned advocate Mr. R.G. Dwivedi for the respondent No.2. Perused the record.

(2.) The appellant herein is original claimant before M.A.C.T., Valsad in M.A.C.P. No.31 of 2012. The appellant has preferred this claim under Section 166 of Motor Vehicles Act ('MV Act', for short) claiming Rs.3 Lacs towards compensation because of injuries sustained by him in vehicular accident, which took place on 4.12.2011. The driver of vehicle No.DD-03H-9598 i.e. opponent No.1 before the Claim Tribunal and respondent No.1 herein has dashed the appellant who was going on his motorcycle GJ-15-EE-3226 on his backside. Therefore, injured victim - appellant has preferred claim against driver, owner and insurer being opponents No.1, 2 and 3 respectively of such Truck No.DD-03H-9598.

(3.) Before the Tribunal, driver and owner have remained absent though served; whereas, Insurance Company has contested the claim petition contending that the driver of the truck was not holding valid driving license with all other legal as well as technical defence so as to avoid to pay compensation to the victim of road accident.