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2007 Supreme(Guj) 233

Gujarat High Court
Judgename :JAYANT PATEL
PRAFUL VASHRAMBHAI - Appellant
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION - Respondent
FIRST APPEAL 1101 Of 1988
Decided On : 04/12/2007

Advocates Appeared: M.D.PANDYA, P.J.YAGNIK

Headnote:

Motor Vehicle Act, 1988 - Appeals are for enhancement of the compensation than awarded by the Tribunal as per its judgment and award in Claim Petition - It may be recorded that Appeal is preferred against the award in M.A.C.P., whereas Appeal is preferred against the award in M.A.C.P. and Appeal is preferred against award in M.A.C.P. - As common questions arise for consideration, they are being considered by this common judgment - Held, Appellant of First Appeal would be entitled to the additional compensation with interest at the rate of 12% from the date of claim application before the Tribunal till December, 1987 and with further interest at the rate of 9% from January, 1988 till the amount is deposited with the Tribunal - Claimants' applications are of 1983 and sufficient time has passed, the Tribunal would permit the disbursement of the amount to the claimants concerned and Court find that no investment deserves to be ordered in view of the peculiar facts and circumstances of the case - Appeals partly allowed

( 1 ) ALL the appeals are for enhancement of the compensation than awarded by the Tribunal as per its judgement and award dated 10. 11. 1987 in Claim Petition Nos. 745 of 1983, 760 of 1983 and 761 of 1983. It may be recorded that Appeal No. 1099 of 1988 is preferred against the award in MACP No. 760 of 1983, whereas Appeal No. 1100 of 1988 is preferred against the award in MACP No. 761 of 1983 and Appeal No. 1101 of 1988 is preferred against award in MACP No. 745 of 1983. As common questions arise for consideration, they are being considered by this common judgement.

( 2 ) THE short facts of the case appear to be that all the claimants ? appellants were traveling in ST Bus bearing registration No. GRR 8136. As per the claimants on 27. 4. 1983 at about 7 a. m. , to 7. 30 a. m. , on the highway running between Fedara to Dhandhuka, the aforesaid ST Bus bound for Gariadhar from Ahmedabad. While proceedings from Fedara to Dhandhuka side, when was passing, one truck bearing Registration No. MBF 993 came from the opposite side with high-speed and the abovesaid bus and the truck collided one another and as a result thereof the bus went off the road on the left side, which resulted into injuries sustained by the appellants. As per the appellants, the driver of ST Bus was driving the vehicle in a rash and negligent manner. The claimant preferred the aforesaid Claim Petition No. 745 of 1983 before the Tribunal for the compensation of Rs. 1,00,000/-, whereas Claim Petition No. 760 of 1983 was preferred for compensation of Rs. 70,000/- and Claim Petition No. 761 of 1983 was preferred for compensation of Rs. 80,000/ -. As per the claimants-appellants, the injury certificates as well as the disability certificates were produced, but though there was formal order passed by the Tribunal for exhibiting the admitted documents, the disability certificate of Dr. N. M. Shah having qualification of MBBS, M. S. (Ortho) were not exhibited. The Tribunal thereafter passed the common judgement and award, whereby it totally negatived the claim for compensation on the aspects of disability since Dr. Shah was not examined and awarded compensation under different heads for the treatment, pain, shock, suffering, etc. , and as per the award passed by the Tribunal in MACP No. 745 of 1983, the compensation awarded is of Rs. 30,000/- with interest at the rate of 12%, whereas in Claim Petition No. 760 of 1983, the compensation awarded is of Rs. 20,000/- with interest at the rate of 12% and in Claim Petition No. 761 of 1983, the compensation awarded is of Rs. 35,000/- with interest at the rate of 12%. It is under these circumstances, the present appeals for enhancement of the compensation before this Court.

( 3 ) HEARD Mr. Yagnik, learned Counsel for the appellants and Ms. Maya Desai for Mr. Pandya, learned Counsel for ST Corporation. The other parties to the proceedings as mentioned in the judgement have not appeared, except on behalf of the Gujarat State Road Transport Corporation ? Respondent No. 1 herein. Considered the record and proceedings of the Reference Court.

( 4 ) IT appears that the only contention raised on behalf of the appellants for enhancement of the compensation is that in spite of the disability certificates were on record and though there was an order passed by the Tribunal for exhibiting the admitted documents the same were not exhibited, nor were considered by the Tribunal at the time when the award came to be passed, consequently resulting into no compensation whatsoever under the head of disability due to the injury. Whereas on behalf of Respondent No. 1, it has been contended that the documents were required to be proved and had the doctor been examined, the respondents could have opportunity of cross-examination and, therefore, it has been submitted that the certificate was rightly not considered by the Tribunal. She alternatively submitted that even if the certificates are considered, the disability as certified by the doctor would not b








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