JAYESH MANHARLAL SHAH Vs. PATEL BHIMABHAI VAJABHAI

JUDGEMENT

(1.) This appeal, which is filed under Clause 15 of the Letters Patent, is directed against judgment dated 17/03/1986 rendered by the learned Single Judge, in First Appeal No. 141/86, by which award dated August 10, 1984 passed by the Special Motor Accident Claims Tribunal, Panchmahals District, Godhra, in Motor Accident Claims Petition No.133/82 awarding Rs. 11,700.00 as compensation to the respondent, is upheld.

(2.) The accident in question took place on September 13, 1981. Patel Bhimabhai Vajabhai, who was original claimant and who expired during the pendency of claim petition, was coming to Godhra town from his village Vavadi. When he was near Gandhi Chowk, the appellant no.1 came from opposite side driving his scooter bearing registration No.GAA-648 in a rash and negligent manner and dashed the scooter with Bhimabhai. Because of the accident, Bhimabhai sustained injuries. He was removed to hospital for treatment. According to Bhimabhai, the accident had taken place because of negligence onthe part of appellant no.1 and because of the injuries he suffered great pain and mental agony as well as had to spend a considerable amount for medicines, special diets etc. He, therefore, instituted Motor Accident Claims Petition No. 133/82 before Special Motor Accident Claims Tribunal, Panchmahals District at Godhra against the appellant no.1, who was owner and driving the scooter as well as the appellant no.2 with whom the scooter was insured. In all, Patel Bhimabhai claimed compensation of Rs. 24,500.00.

(3.) During the pendency of the claim petition, original claimant i.e. Patel Bhimabhai Vajabhai expired and, therefore, the respondent claiming to be the widow of Bhimabhai, submitted an application at Exh.57 for bringing her on record of the case as legal heir and representative of deceased Bhimabhai. It was also prayed by the respondent to permit her to amend the main petition in terms of her averments which were made in the application Exh.57. The Tribunal by an order allowed the application and permitted the respondent to amend the original claim petition.