FA/649/1989 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 649 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DHIRUBHAI MOHANBHAI PATEL - Appellant(s) Versus PRAVINCHANDRA HARIPRRASAD TRIVEDI & 1 - Defendant(s) ========================================================= Appearance : MR DR BHATT for Appellant(s) : 1, MR MD PANDYA for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 03.10.1988 passed by the Motor Accident Claims Tribunal, Valsad at Navsari [for short, “the Tribunal”] FA/649/1989 2/3 JUDGMENT in Claim Petition No. 307 of 1985 whereby, the said petition was dismissed with costs. 2. The brief facts of the case are as under ; On 07.04.1984 while the appellant was driving his motor-cycle bearing Registration No. GAT – 7080 along with a pillion-rider, a Bus belonging to the respondent – Corporation, bearing Registration No. GRD – 7905, dashed the vehicle of the appellant. As a result of the said accident, the appellant suffered serious bodily injuries. He, therefore, filed a claim petition before the Tribunal claiming compensation of Rs.50,000/-. However, the said claim petition was dismissed with costs. Hence, this appeal. 3. Heard learned counsel for the parties and perused the documents on record. From the 'panchnama' Exhibit – 49, it transpires that the motor-cycle driven by the appellant herein had hit the S.T. Bus on the rear portion off the conductor side. It also transpires that the said S.T. Bus was also being driven on the correct side of the road. Apart from that in his statement before the Police at Exhibit – 55, the FA/649/1989 3/3 JUDGMENT appellant had admitted that he had lost control over the motor-cycle, as a result of which he dashed the S.T. Bus. In that view of the matter, it has to be said that the accident in question occurred on account of the sole negligence of the appellant. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, hence, find no reasons to interfere with the same. 4. In the result, the Appeal is dismissed. No order as to costs. [K. S. JHAVERI, J.] Pravin/*