JAYABEN Vs. SUBHASHBHAI VITHTHALBHAI PATEL

JUDGEMENT

(1.) HEARD learned advocate Mr. KR Joshi on behalf of appellant, learned advocate Mr. KK Nair appearing for insurance company, no appearance is filed on behalf of respondent no. 1 and 2.

(2.) THE appellant claimant has challenged award passed by Motor Accident Claims Tribunal, Bharuch in MACP no. 573/1996 vide exh 50 dated 30/1/2006. The claim petition filed by claimants is dismissed by claims Tribunal on the ground that there was no negligence of jeep driver proved by claimants before claims Tribunal. In 166 application negligence of driver must have to be proved by claimants sine-qua-non. Therefore, claims Tribunal has rejected claim petition.

(3.) LEARNED advocate Mr. Joshi submitted that statement given by Bhanuben Prakashbhai, FIR filed by driver of Jeep and first page of charge sheet filed against Subhashbhai, who was driver of jeep suggested that accident occurred due to rash and negligent driving of jeep driver, when width of road was 22 ft then easily two vehicles can go but considering negligence of Jeep driver back portion of jeep dashed with Truck, which was coming from opposite side. He submitted that exh 32 copy of FIR, exh 33 Panchnama and exh 34 statement of Bhanuben Prakashbhai and vide exh 35 charge sheet are produced on record with consent of advocate of insurance company. Therefore, they all are exhibited required to be referred and relied by claims Tribunal.