BHANIBEN NAJABHAI MANSURBHAI Vs. DHANABHAI MERUBHAI

JUDGEMENT

(1.) BY way of these appeals, the appellants have challenged the award dated 01.08.2007 passed by the Motor Accident Claims Tribunal (Aux) at Junagadh in MACT Case No. 557, 635, 558, 560, 1116 of 1999 whereby the Tribunal awarded compensation alongwith interest and costs payable by the original opponents no. 1 & 2 to the original claimant. The Tribunal has exonerated the respondent no. 3-original opponent no. 3.

(2.) THE original claimants had filed claim petition seeking compensation in respect of the vehicular accident which occurred on 02.03.1998 when the deceased/injured were travelling in a Matador bearing No. GJ-1-X-7561 along with their goods. It is the case of the appellants that while the vehicle reached Dhari Gundali village, the driver drove the matador in a rash and negligent manner and the vehicle turned turtle. THE appellants therefore filed claim petition under the said circumstance. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court has heard the parties and perused the papers on record. The only contention raised by the learned advocate for the appellants is that the insurance company is exonerated. As regards this the Tribunal has observed that the offending vehicle was a goods carrying vehicle and that the passengers cannot travel in the said vehicle. The Tribunal considered the spot panchnama Ex. 36 and observed that no household items were found from the scene of accident as stated by the complainant. Some wheat was found scattered on the spot but the owner of the said wheat was not specifically stated. The Tribunal on that basis had exonerated the insurance company from being liable. THIS court is in complete agreement with the reasonings adopted by the Tribunal.