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2023 Supreme(Guj) 334

GITA GOPI
GUJARAT STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
RANJANBEN MASHRUBHAI UDESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VYOMA K. JHAVERI.
For the Respondent: HEMAL SHAH.

JUDGMENT :

GITA GOPI, J.

1. The Gujarat State Road Transport Corporation is the appellant challenging the judgment and award dated 20.1.2020 passed by the MACT (Aux), Rajkot in MACP No. 1593/11 primarily on the ground that no negligence can be attributed to the bus driver as he was driving at a permissible speed and has stated that onus to prove rash and negligent driving is on the appellant and that no eyewitness has been examined by the claimants. It is stated that motorcycle dashed with the bus on the left side, where the driver of the heavy vehicle does not have proper and clear vision and therefore, the ground has been raised that the Tribunal has erred in apportioning 100% liability of the driver of the S.T. bus.

2. Advocate Ms. Vyoma Jhaveri for the S.T. Corporation submitted that the learned Tribunal has failed to appreciate the evidence on record and has erroneously laid down 100% liability of the S.T. driver. It is further stated that the rate of interest granted in the year 2020 is beyond the RBI circulars and it should be 6% per annum and further stated that TDS amount

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