FAO/25430/1972 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2543 of 2007 ========================================================= BHAVESHBHAI DHIRUBHAI PATEL - Appellant(s) Versus VIPULBHAI BALUBHAI PATEL & 4 - Defendant(s) ========================================================= Appearance : MR DN VAKIL for MR HL PATEL ADVOCATES for Appellant(s) : 1, None for Defendant(s) : 1 - 2, 4, MR DAKSHESH MEHTA for Defendant(s) : 3, 5, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT Date : 23/06/2008 ORAL ORDER
This
Appeal under Section 173 of the Motor Vehicles Act, 1988 has been
preferred by the injured ý pillion rider against the judgment and
award dated 28th March, 2003 passed by the Motor Accident
Claims Tribunal, Ahmedabad in Motor Accident Claim Petition
No.761/1997.
On
3rd May, 1997 the appellant was riding pillion on a motor
cycle bearing registration No.GJ-1-AF-2493. The said motor cycle
collided with the offending auto-rickshaw bearing registration
No.GJ-7-U-4299 causing injury to the driver and the pillion rider of
the motor cycle.
The
accident or the injury caused to the appellant is not in dispute. The
claim of the appellant has been dismissed in toto for the reasons
that the driver of the motor cycle and the appellant both were, at
the relevant time, under inebriated condition; that two people were
riding pillion on the said motor cycle and that the insurance policy
did not cover the risk to the pillion rider.
No
case for interference is made out. The Appeal is dismissed in limine.
(Ms.R.M.Doshit,
J.)
/moin