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2024 Supreme(Guj) 656

GITA GOPI
Gujarat State Road Transport Corporation Through Its Depot Manager – Appellant
Versus
Gitaben Bhupendrabhai Parmar Heirs And Legal representatives of decd. Bhupendrabhai Babubhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS VASAVDUTTA BHATT with MR C S SHUKLA
For the Respondent: BHAVIN B THAKAR

JUDGMENT :

1. By way of this Appeal, the Appellant – Gujarat State Road Transport Corporation has challenged the judgment and award dated 27.11.2017 passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C.P. No.894 of 2006.

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

On 13.09.2006, the deceased who was working as Driver with the Gujarat Maritime Board was coming towards Bhavnagar by driving a Jeep bearing Registration No.GJ-4-D-4835 of the Gujarat Maritime Board. The jeep was being driven slowly and on the correct side of the road. When the Jeep reached near Gokulpara, at 7.30 pm, it met with an accident with a Bus bearing Registration No.GJ-18-V-9264. As a result of this accident, the deceased sustained serious injuries and succumbed to death.

3. Learned Advocate Ms. Vasavdutta Bhatt alongwith learned Advocate Mr. C.S. Shukla appearing for the appellant submitted that the learned Tribunal has erred in considering the sole negligence of the driver of the State Transport Corporation Bus and has also failed to appreciate the First Information Report and Panchnama and has wrongly attributed 100% negligence to the Bus driver whil

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