JAHIRBHAI MOHIRBHAI SHAIKH Vs. BALVANTBHAI LALJIBHAI

JUDGEMENT

(1.) In this Appeal From Order the appellant Jahirbhai Mohirbhai Shaikh (original claimant) has brought under challenge order dated against the order passed by M.A.C. Tribunal (Main), Ahmedabad in Review Application No. 35 of 1993.(Only a part of the Judgment approved for the reporting is published.) 30-3-1994 passed by the learned Motor Accident Claims Tribunal (Main), Ahmedabad in Review Application No. 35 of 1993.

(2.) The facts relevant to the present appeal and which cannot be disputed might briefly be stated : The appellant - Jahirbhai Mohirbhai Shaikh filed Motor Accident Claim Petition No. 89 of 1992 before the Motor Accident Claims Tribunal No. 1, City of Ahmedabad for recovery of Rs. 5 lakhs as compensation on the ground that when claimant Jahirbhai Mohirbhai Shaikh was proceeding on his scooter towards Nehru Bridge, the luxury bus driven by the concerned opponent and coming from the opposite side dashed with the appellant's scooter resulting in injuries including fracture on his right leg. The said claim petition was tried along with Claim Petition No. 88 of 1992 moved by one Laljibhai Sagarbhai Desai, who was the owner of the scooter driven by the appellant at the time of the accident, which was damaged in the accident. The learned Tribunal by his judgment and award dated 17-6-1993 held that the present appellant was negligent to the extent of 50% for causing the accident in question. He was, therefore, held responsible by way of contributory negligence to the extent of 50%. The learned Tribunal, however, worked out compensation in the sum of Rs. 2,38,400.00 and passed award for the said amount without giving effect to the finding of contributory negligence to the extent of 50%. The present appellant filed Civil Appeal No. 33 of 1994 on 13-1-1994 against the judgment and award of the learned Tribunal inter alia on the ground that he should not have been held responsible by way of contributory negligence to the extent of 50%. A Division Bench of this Court (Coram : V. H. Bhairavia and Y. B. Bhatt, JJ.) by order dated 18-1-1994 rejected the Civil Appeal. Following order was passed by the Bench :-

(3.) One of the opponents, namely, United India Insurance Company Limited moved a Review Application No. 35 of 1993 before the Tribunal on 3-8-1993 and after hearing the parties, passed impugned order dated 30-3-1994 granting the review application and amending the award by giving effect to the contributory negligence to the extent of 50% on the part of claimant (appellant herein). The award was accordingly amended from Rs. 2,38,400.00 to Rs. 1,19,200.00. It is this last mentioned order of review which has been subjected to challenge before this Court, as stated above. xxx xxx xxx