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1996 Supreme(Guj) 294

M.S.SHAH, R.A.MEHTA
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
MER RANMAL bhima – Respondent


Advocates Appeared: PRANAV G.DESAI

R. A. MEHTA, J.

( 1 ) THIS appeal is directed against the judgment and award dated 30th January 1992, passed by the Motor Accident Claims Tribunal (Auxi.), junagadh, in M. A. C. Petition Nos. 220 of 1985, which was filed by the heirs of the driver of a jeep who died in an accident involving the jeep and a bus of the appellant Corporation.

( 2 ) LEARNED Counsel for the appellant submits that the Tribunal has erred in holding that the appellants driver was negligent to the extent of 2/3rd and the jeep driver was negligent to the extent of 1/3rd only. According to the appellant the jeep driver was fully and solely negligent.

( 3 ) THE Tribunal has considered the F. I. R. , the Panchnama and the surrounding circumstances and the S. T. Driver though available had nothing to contribute much; while he was the best person to depose. Having regard to the circumstances and viewing from the Panchnama including the distance covered by the bus even after the accident which was about 60 fts. whereas the brake marks were only 7 ft. the ratio of negligence as fixed by the Tribunal is just and hence it does not require any interference. Mr. Desais argument that the bus was found on the correct side











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