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2018 DIGILAW 101 (GUJ)

NARANDAS THAKURDAS ADVANI v. SANJAYKUMAR PREMJIBHAI MALI

2018-01-12

AKIL KURESHI

body2018
JUDGMENT : 1. This appeal is filed by the original claimant challenging the award of the Claims Tribunal dated 21.9.2007 passed in MACP No. 333/1996. 2. The claimant filed the said claim petition seeking compensation of Rs. 45,000/from the opponents claiming that he had been injured in the vehicular accident which took place on 29.1.1996. The claimant had filed application for no fault compensation which was allowed. The claimant was paid Rs. 25,000/by the insurance company. However, at the time of conduct of the trial in the claim petition, the Tribunal found that there was no evidence of the involvement of the scooter in the vehicular accident. In fact, the Tribunal did not even believe that the claimant had received injuries during the vehicular accident. This was mainly on the basis that FIR was not lodged for a long time and when the first information was sent through registered AD, no details of the vehicle involved or the name of the driver were revealed. Before the Claims Tribunal however, the claimant claimed that he was knocked down by the scooterist who stopped and took him to hospital. He gave the name of the driver and number of the scooter. The Tribunal found this rather odd since in the police information, which was lodged, couple of weeks later, no such details were provided whereas in the deposition before the Tribunal entirely different version surfaced. 3. Having heard learned counsel for the parties and having perused the documents on record, I do not see any reason to interfere. The Tribunal has assessed the evidence on record correctly, given its conclusion after detailed analysis of the evidence and a reasoned order is passed. I am completely in agreement with the view of the Tribunal. The claimants failed to establish the involvement of the vehicle insured by the insurance company in question. When the Tribunal therefore, rejected the claim petition, no interference is called for. However, the amount of no fault liability already paid over may not be recovered. To this extent, the order of the Claims Tribunal is modified. First appeal is disposed of. R&P may be transmitted back to the concerned trial Court.