SIKANDARBHAI IBRAHIMBHAI GANDHI Vs. FAROOQ SULAMAN VORA PATEL

JUDGEMENT

(1.) Heard learned advocate Mr.MTM Hakim appearing with Mr.M.M. Hakim for the appellant, learned advocate Mr.V.C. Thomas as well as Mr.B.D. Karia for the concerned respondent/s. Respondent No.1 though served has remained absent. Perused the record.

(2.) The appellant herein is original opponent No.2 before the Motor Accident Claims Tribunal at Vadodara in Motor Accident Claims Petition No.2443 of 2000 as owner of the vehicle involved in the accident whereas respondent No.1 is his driver and respondent No.2 is insurer of such vehicle whereas respondent No.3 is original claimant.

(3.) The injured claimant had met with an accident on 9.2.2000 when mini luxury bus No.GJ-6V-9988 owned by the appellant, driven by respondent No.1 and insured by respondent No.2 had dashed him and thrown him off the road. Thereby, the claimant was pedestrian and thus, 3rd party and hence considering the principle of res ipsa locutor when bus had dashed with the pedestrian, claimant is entitled to compensation. Therefore, claimant has preferred an application before the Tribunal u/S.166 of the M.V. Act claiming Rs.8,00,000/- towards compensation, against driver, owner and insurer of the vehicle. In such claim petition, the Tribunal has after allowing both the sides to adduce their evidence and after considering rival submissions and evidence on record, by impugned judgment and award dated 3.3.2017, awarded an amount of Rs.4,57,681/- as compensation to be paid only by driver and owner of the vehicle i.e. present respondent No.1 and appellant herein respectively and, thereby, Tribunal has exonerated the liability of the insurance company.