BHERAJI DOLAJI JAT Vs. HARNEK GURDEVSING SIKH

JUDGEMENT

(1.) The short question that arises for consideration in this Letters Patent Appeal is that against the judgment of the learned Single Judge rendered in First Appeal decided under Section 173 of the Motor Vehicles Act, 1988, whether the Letters Patent Appeal is maintainable before a Division Bench ?

(2.) The brief facts are that the appellant filed Motor Accident Claims Petition No.307 of 1989 before the Motor Accident Claims Tribunal (Main) Banaskantha at Palanpur claiming compensation for the injuries received by him while the injured was travelling in Auto-rickshaw, which was dashed by Tanker No. DIG 4374. The Motor Accident Claims Tribunal by its award dated 28.09.1998 awarded an amount of Rs.29,319/-, which was to be paid to the appellant by the owner and driver of the vehicle and the claim against the National Insurance Company was dismissed and the Insurance Company was exonerated as the cover note did not tally with the code numbers appended at the top of the cover note of any of the four Insurance Companies and it was not proved in accordance with law.

(3.) The judgment of the Tribunal dated 28.09.1998 was challenged by the appellant before this Court by filing First Appeal No.60 of 1999 under Section 173 of the Motor Vehicles Act, 1988 (for short the 'Act'), which has been dismissed by learned Single Judge by judgment dated 09.01.2001. The order passed by the learned Single Judge in the First Appeal has been challenged in this Letters Patent Appeal.