JUDGMENT :

1. By way of this Appeal, the Appellant-The Gujarat State Road Transport Corporation Ltd. (GSRTC) has challenged the judgment and award dated 13.09.2017 passed by the learned Motor Accident Claims Tribunal (Auxi.), Valsad in M.A.C.P. No.143 of 2010. The Cross Objection is filed by the claimants.

2. The facts giving rise to the present Appeal can be put succinctly as under :-

On 28.02.2009, at about 14.30 hours the deceased Nitinkumar Natwarlal Bhandari aged 25 years, at the time of accident was going from Ambawadi to Umargam. When he reached Mohangam, Khanmora Road, the driver (respondent No.1) of a State Transport Bus bearing Registration No.GJ-18-V-6589 came on the wrong side, in a rash and negligent manner, dashed the deceased, haphazardly dragged the deceased because of which the deceased died. A First Information Report was registered at Bhilad Police Station as I-C.R. No.19 of 2009. A charge- sheet was also filed against the respondent No.1.

3. Learned Advocate for the appellant-GSRTC Ms. Kiran D. Pandey submitted that learned Tribunal in assessment of rashness and negligence of the State Transport Bus Driver is not supported by documentary evidence. It is further stat