The judgment reinforces the principle that drivers must exercise due care and the burden of proof lies on the party alleging negligence.

JUDGMENT :

Nisha M. Thakore, J.

1. All these appeals arises u/s.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the M.V. Act’) filed at the instance of original opponent no.2 – Gujarat State Road Transport Corporation challenging the judgment and award dated 23rd April, 2016 passed by the learned Judge, Motor Accident Claim Tribunal (Aux.), Vadodara in Motor Accident Claim Petition no.1186 of 2009, Motor Accident Claim Petition no.1187 of 2009, Motor Accident Claim Petition no.1188 of 2009 and Motor Accident Claim Petition no.931 of 2009. By the impugned judgment and award, the Tribunal has partly allowed the claim petition of the respective claimants holding the driver of the S.T. bus – original opponent no.2 – present appellant solely negligent for the accident.

2. Before considering the merits of the case, it would be appropriate to mention that all the aforesaid claim petitions filed by the respective claimants against the same opponents, arises out of the same accident. Though the learned Judge has dealt with each of the claim petitions separately, however, noticing the limited challenge made by the appellant – S.T. Corporation, we have heard these matters together and are decided by this common order.

3. In order to appreciate the controversy involved, the brief facts leading to the accident are summarized hereunder:-

3.1 On 9th May, 2009, one Rashmiben (deceased) along with the husband - the claimant Sureshbhai Chhotabhai Thakkar and her son Varun Sureshbhai Thakkar (deceased) had started from their home situated at Karelibaug, Vadodara to visit temple at Dakor by driving their Santro car bearing registration no. GJ-06 AB-7807. The said Santro car was driven by one Sachinbhai Manubhai Patel and the car belonged to his father.

3.2 It is contended by the claimants that the said Santro car was driven at a very moderate speed and on the correct side of the road i.e. left side of the road. It is the case of the claimants that when they reached at M. Petrol Pump, at that time, the S.T. Bus bearing registration no.GJ-18 V-8391 suddenly entered on their side of the road. It was contended that the S.T. Bus was driven by the original opponent no.1 in rash and negligent manner and at a very high speed due to which the opponent no.1 had lost control over the steering of the S.T. Bus, which has resulted into the crossing of the divider of opposite side i.e. on wrong side of the road. As a result of it, the S.T. Bus had dashed with the Santro car from the front side, resulting into an accident. Due to this accident, the passengers in the Santro car i.e. Rashmiben wife of Sureshbhai Thakkar, Varun – son of Sureshbhai Thakkar and Sachin Mohanbhai Patel – driver of the Santro car expired on the spot. Sureshbhai Thakkar had survived the accident, but had sustained permanent disability on account of grievous injuries caused due to the accident.

3.3 With these facts pleaded, the claim petitions were preferred before the Tribunal seeking compensation towards the untimely death of the family members of the injured claimant, as well as of the driver of the Santro car. The details of which are as under :

M.A.C.P. no.1186 of 2009 :-

The claimant – Sureshbhai Thakkar had preferred the aforesaid claim petition u/s.166 of the M.V. Act seeking compensation of Rs.50,00,000/- towards the death of his wife i.e. Rashmiben with proportionate costs and interest. The Tribunal by impugned judgment and award dated 23rd April, 2016 partly allowed the claim petition holding the opponent no.1 i.e. the driver of the S.T. Bus solely negligent towards the alleged accident. The Tribunal held the claimant entitled to recover an amount of Rs.38,49,032/- as compensation from the opponent nos.1 and 2 jointly and severally together with running interest of 9% p.a. from the date of filing of the claim petition till the payment along with the proportionate cost of the petition. The opponent nos.3 to 5 - driver, owner and the insurance company of the Santro car, w