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Judgment
Ravi R. Tripathi, J.—The matter is notified with an office note, which reads as under:
In respect of Fresh Notice to the Respondent No. 1 unserved as change of address & Respondent No. 2 unserved as not found as incomplete address.
Taking into consideration the age of the First Appeal, the matter is taken up for consideration in filing hearing.
The present First Appeal is filed by the original claimant - Babaji Jehaji Thakor against judgment and order passed by the Hon''le MACT (No. 3), Ahmedabad in MACP No. 116 of 1979 dated 15.04.1980. The Hon''ble Tribunal was pleased to pass the following order:
The opponent No. 2 (sic-1) do pay the petitioner the amount of Rs.5120 (Rs. five thousand one hundred twenty only) with interest at the rate of 6 per cent from the date of the application till realisation and also proportionate costs of the petition on the claim allowed.
The opponent No. 1 is directed to deposit the amount of the award six week from today.
So far as the petition against opponents Nos. 2 and 3 is concerned, it is dismissed with no order as to costs.
Deficit court fees, if any be recovered from the petitioner and/or from amount deposited.
Petition No. 90 of 1979 is dismissed for want of prosecution as per purshis at exh.24.
Learned Advocate for the appellant vehemently submitted that the Tribunal has committed an error in not holding the bus driver negligent for the accident and thereby exonerating respondent Nos. 2 and 3 of the liability, which is required to be corrected by this Court.
Having gone through the judgment and award, the Court finds that the submissions made by the learned Advocate for the appellant are without any substance. The Hon''ble Tribunal, in its threadbare analysis of the evidence available on record, has rightly recorded the negligence aspect and held Rickshaw driver negligent. In view of that, the appeal fails and the same is dismissed.