2006 Supreme(Guj) 616

Gujarat High Court
Judgename :AKSHAY H.MEHTA
G S R T C - Appellant
Versus
HARGOVINDAS R MODI - Respondent
FIRST APPEAL 1426 Of 1983
Decided On : 09/26/2006

Headnote:

Motor Vehicles Act, 1939 –Section 110 –Claim of Compensation -Claim petitions were filed, heard and decided under the provisions of Motor Vehicles Act,, 1939. Hence, these appeals are also decided in accordance with the said provisions. The proceedings before the Tribunal arose because of the vehicular accident which occurred around 8:45 a. m. One bus belonging to the Gujarat State Road Transport Corporation bearing registration No. GTE 5271 carrying around 25 passengers was travelling. When it reached near village, a tanker bearing registration No. GTB 4036 came from the opposite direction and there was a collision between these two vehicles. As a result of this collision, some of the passengers travelling in S. T. Bus received injuries and one passenger, died. The driver of the bus was also injured. The driver sustained injuries including fracture, whereas, extensive damage was caused to the bus. The tanker tumbled down into a ditch and turned turtle. It received extensive damage. Its driver also received injuries. It is the say of one set of claimants/petitioners who occupied the S. T. Bus either as passengers or driver that bus was driven at moderate speed and when it reached village Majop, the driver reduced the speed since he saw a tanker approaching from opposite direction.–Held assessment of compensation is concerned, I do not find any error having been committed by the Tribunal. In fact, the claim of this appellant is to the extent of Rs. 50,000=00 only out of which amount of compensation is assessed at Rs. 48,000=00. It is only because of negligence of this appellant, Rs. 24,000=00 has been deducted. The issue of negligence has already been discussed above and on that count, the submission of Ms. Desai has been rejected. Therefore, Mr. Shah has no scope for challenging the finding with regard to 50% negligence attributed to this appellant by the Tribunal. Hence, I hardly see any scope of enhancing the amount awarded to the appellant by the Tribunal. This appeal has, therefore, no merit. net result is that First Appeal, filed by G. S. R. T. C. is dismissed. First Appeal filed by the Insurance Company against the award made in MACP also stands dismissed. First Appeal which is filed by Transport ? owner of the motor tanker is partly allowed and it shall be entitled to recover additional sum of Rs. 16,000=00 which has been wrongly deducted by the Tribunal. First Appeal filed by the G. S. R. T. C. , stands dismissed and First Appeal filed by the driver of the S. T. Bus is also dismissed. In the facts and circumstances of the case, there is no order of costs – Appeal is Dismissed.