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2007 Supreme(Guj) 604

Gujarat High Court
Judgename :A.L.Dave, S.D.Dave
GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant
Versus
RAJENDRABHAI CHANDULAL PATHAK - Respondent
Civil Application 10970 Of 2007
Decided On : 09/27/2007

Advocates Appeared: P.H.Pathak, VASAVDATTA BHATT

The main legal point established in the judgment is the determination of liability in a vehicular accident and the calculation of compensation, including the adjustment of the multiplier for future economic loss based on legal precedents.

Headnote:

Motor Accident - Vehicular Accident - Motor Vehicles Act, 1988, Section 166 - The court discussed the liability of the driver of the bus and the compensation to be awarded to the claimants. The court found the driver of the bus solely responsible for the accident and upheld the compensation awarded by the Tribunal. The court also adjusted the multiplier for future economic loss in some cases based on legal precedents.

Fact of the Case:

The case involved a vehicular accident between a car and a bus, resulting in multiple fatalities and injuries. The claimants sought compensation for the losses incurred.

Finding of the Court:

The court found the driver of the bus solely responsible for the accident and upheld the compensation awarded by the Tribunal. The court also adjusted the multiplier for future economic loss in some cases based on legal precedents.

Issues: Liability of the bus driver, quantum of compensation, and the multiplier for future economic loss were the key issues in the case.

Ratio Decidendi: The court held that the driver of the bus was solely responsible for the accident and upheld the compensation awarded by the Tribunal. The court also adjusted the multiplier for future economic loss in some cases based on legal precedents.

Final Decision: The court partly allowed some appeals by adjusting the multiplier for future economic loss and upheld the compensation awarded by the Tribunal in other cases.

A. L. DAVE, J.

( 1 ) THIS group of appeals arises out of judgments and awards rendered by Motor Accident Claims Tribunal (Aux.), Ahmedabad City, in Motor Accident Claim Petition No. 882 of 1998 and other allied matters, arising out of a vehicular accident that occurred on 05. 12. 1997, involving Maruti Car GJ-1-AR-4696 and S. T. Bus No. GJ-18-1706. The alleged accident occurred on Godhra-Kaalol Highway between Delol and Khadki. The two vehicles were travelling in direction opposite to each other and collided with each other. Maruti Car was driven by Arivindbhai Popatlal Mehta, who died in the incident and whose heirs have preferred Motor Accident Claim Petition No. 1620 of 1998 (First Appeal No. 4205 of 2007 ). In the said accident, besides Arvindbhai Mehta, two other persons also lost their lives, one was minor Jesal R. Pathak, whose mother Dakshaben R. Pathak preferred Motor Accident Claim Petition No. 884 of 1998 (First Appeal No. 4207 of 2007) and the other was Renu, for whose death, Motor Accident Claim Petition No. 887 of 1998 (First Appeal No. 4210 of 2007) was preferred.

( 2 ) THE case of the claimants was that the car was being driven by deceased-Arvindbhai at a moderate speed on the correct side of the road. The bus, which was coming from opposite direction at an excessive speed, came to its wrong side and dashed against the car causing the mishap. The bus was driven in a rash and negligent manner by its driver and was owned by Gujarat State Road Transport Corporation, the appellant herein.

( 3 ) AFTER considering the evidence led by the parties, the Tribunal found that the driver of the bus was solely responsible for the accident and, therefore, held the appellant to be liable to pay compensation to the claimants.

( 4 ) LEARNED Advocate, Ms. Vasavdatta Bhatt, for the appellant, vehemently, assailed the findings of the Tribunal and submitted that the driver of the Maruti Car ought to have been held responsible to some extent for the accident. However, we are unable to agree to her submission since we find that the Tribunal has taken into consideration all relevant aspects. It has come in evidence of Rajendrabhai Chandulal Pathak (Exhibit 30), who was travelling in the car, that the car was being driven by Arvindbhai Popatlal Mehta at a moderate speed on the left side of the road. It has also come in evidence that the road near the place of accident is straight. The bus was coming from opposite direction and there was no vehicle ahead of the bus. 4. 1 The appellant examined driver-Ranchhodbhai Nathabhai at Exhibit 50. According to him, he was driving the bus from Modasa to Pavagadh, which was an Express Bus. The road is single strip road where two vehicles can pass. According to the driver of the bus, the Maruti Car was being driven behind a truck and all of a sudden, the car driver tried to overtake the truck and came on the wrong side. He, therefore, took his bus to further left and stopped but the Maruti Car dashed against the bus on the wrong side, i. e. on the left bumper side of the bus. During cross-examination, he stated that, after the accident, he and his conductor went to the police station and lodged an F. I. R. He also admitted that, he came to be charge sheeted for the accident before learned Judicial Magistrate, First Class, Kaalol and the case is still pending. If the F. I. R. lodged by the driver of the bus, which is produced on record at Exhibit 39, is seen, he has stated that the Maruti Car came from opposite direction, i. e. from Kaalol side; that he was driving his bus at full speed; and that the right front side of the bus dashed against the Maruti Car resulting into the accident. 4. 2 It is clear from the above evidence, therefore, that the version that is given by the driver in his deposition is far from the version that he had given immediately after the accident in the F. I. R. It is clear from the F. I. R. that the bus was being driven at a high speed and that it dashed against the car rathe























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