IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2493 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2017 In R/FIRST APPEAL NO. 2493 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

DIVISIONAL CONTROLLER (VALSAD), GUJARAT STATE ROAD TRANSPORT CORPORATION Versus LEGAL HEIRS OF DECEASED JABUBEN NAGJIBHAI RABARI & ORS.

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Appearance:

MR HARDIK C RAWAL(719) for the Appellant(s) No. 1 ADVOCATE NOTICE SERVED for the Defendant(s) No. 2 MR JM BAROT(143) for the Defendant(s) No. 1.1,1.2,1.3,1.4 RULE NOT RECD BACK for the Defendant(s) No. 4 SHARMISHTA A DAVE(8735) for the Defendant(s) No. 5 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 04/12/2025

ORAL JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 02.02.2017 passed by learned Motor Accident Claims Tribunal (Auxiliary), Patan in MACP No.269/2010, whereby the learned Tribunal had partly allowed the claim petition and granted the compensation of Rs.7,02,880/- along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 16.05.2010, in the early morning at 4:30, the deceased-Jabuben Nagjibhai Rabari along with her family members were going to attend the marriage of her nephew at Surat, therefore, they boarded the ST bus bearing registration no.GJ-18-V-1244. The driver of the said ST bus i.e. respondent no.1 before the learned Tribunal, appellant herein started to drive the bus at excessive speed, in rash and negligent manner so as to endanger the human life and when the said bus reached near village Vanch, on Surat-Vadodara highway, the said bus dashed with the tanker bearing registration no.GJ-1-UU-4141 from the behind while overtaking the tanker. In the said accident, the deceased- Jabuben Nagjibhai Rabari sustained grievous injuries and succumbed to the injuries on the spot. It is also the case of the claimants before the learned Tribunal that at the time of accident, the deceased was aged about 40 years and was engaged in the occupation of animal husbandry and agricultural work and thereby earning Rs.12,500/- annually, therefore, the claimants claimed the compensation of Rs.15,00,000/- on account of death of Jabuben Nagjibhai Rabari.

3. On being served, the respondent no.1/appellant herein and respondent no.4 have chosen not to appear before the learned Tribunal, however, the ST Corporation/opponent no.2 before the learned Tribunal filed the written statement at Exh.15 and thereby denying the averments made in the claim petition in toto and prayed for dismissal of the claim petition. The opponent no.3/the driver of the tanker was deleted from the array of the parties. However, the insurance company of the tanker appeared through its learned counsel but has chosen not to file any written statement on record.

4. Having considered the pleadings of the parties, the learned Tribunal vide Exh.17-A framed the following issues for determination:-

(1) Whether it is proved that the deceased sustained injuries and died on account of rashness and negligence in driving on the part of the driver of the involved vehicle in the accident?

(2) What amount, if any, the claimant/claimants is/are entitled to, by way of compensation and from which of the opponents?

(3) What order and award?

5. In order to prove their claim, the original claimants/respondent nos.1.1 to 1.4 herein led the following evidence:-

10. Copy of Insurance policy of tanker 32

6. The opponent no.1 i.e. the driver of the ST Corporation though not filed any written statement, but stepped into witness box and his examination-in-chief and cross-examination was recorded at Exh.36.

7. Having cons