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Judgment
K.S. Jhaveri, J.—By way of this appeal, the Appellant has challenged the judgment and order dated 06.07.1990 passed by the learned Ahmedabad Motor Accident Claims Tribunal No. 1 (Auxiliary) in Motor Accident Claim Petition No. 24/1998 wherein the claim of the Appellant was dismissed and further, a showcause notice was issued to the Appellant for making a false statement in his claim petition.
The learned Tribunal has in Paragraphs 6 and 7 of the judgment given cogent reasons for dismissal of the claim of the Appellant which are reproduced as under:
6) Moreover, the opponent-corporation has produced the certified copy of the judgment passed by this Tribunal in MAC Petition No. 108/97; on perusal whereof, it is very much clear th at this very Petitioner-Pitamberdas had filed that previous claims petition bearing MAC Petition No. 108/87 to get Rs. 9999/-as compensation from the present opponent for this very accident, which took place on 23-11-87 at about 6.30 pm. It is also very clear from t hat previous claim petition, that the Petitioner has been awarded Rs. 750/-as total compensation from the opponent and that the judgment has been paassed on 19-6-90 by this Tribunal. 7) Once the Petitioner had preferred that previous claim petition No. 108/87 in respect of the same accident, he cannot file a subsequent petition claiming compensation again from the opponent-corporation in respect of the same incident. He cannot get double compensation in respect of the single accident, however, it appears that, by suppressing the real fact that he had preferred previous claim petition No. 108/87 to get compensation from the opponent in respect of this accident, he has preferred this another petition to get compensation from the opponent-Corporation.
In view of the aforesaid circumstances, I am in complete agreement with the findings of the learned Tribunal. No case is made out by the Appellant. The appeal is devoid of merits and accordingly, stands dismissed.