IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2203 of 2013 FOR APPROVAL AND SIGNATURE:

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

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

GITABEN WD/O BHIKHAJI BALAJI THAKOR & ORS.

Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ==========================================================

Appearance:

MR AMIT C NANAVATI(1384) for the Appellant(s) No. 1,2,3,4 MS HINA DESAI(1023) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 02/03/2026

JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 23.10.2012 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad in MACP No.548/2002, whereby the learned Tribunal had partly allowed the claim petition and awarded a compensation to the tune of Rs.2,51,325/- after deducting 25% on account of self negligence of the deceased himself along with interest at the rate of 7.5% 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

26.11.2001, the deceased-Bhikhaji Thakor along with Mr. Bhaveshbhai Babuji Thakor, was travelling as a pillion rider on a scooter, which was being driven by Mr. Bhaveshbhai Babuji Thakor at a very moderate speed, on the correct side of the road and after observing the traffic rules. When they reached at the place of accident, the respondent no.1 herein came by driving his ST bus from the wrong side, at an excessive speed, in rash and negligent manner and dashed with the scooter, on which the deceased was travelling. Due to the impact of the said accident, the deceased-Bhikhaji Thakor sustained serious injuries and succumbed to the injuries. The complaint came to be lodged against the driver of ST bus/respondent no.1 herein at Dahegam Police Station for causing the accident. It is also the case of the original claimants/appellants that at the time of accident, the deceased was aged about 28 years and was gainfully engaged in mason work and thereby, earning a sum of Rs.4,000/- per month. Therefore, the claim petition for seeking the compensation of Rs.10,00,000/- came to be filed.

3. On being served, the respondent/Gujarat State Road Transport Corporation filed its written statement at Exh.19, thereby denying all the averments made in the claim petition and prayed for rejection of the claim petition.

4. Having considered the pleadings, evidence led by the respective parties and the submissions canvassed by the respective parties, the the learned Tribunal had partly allowed the claim petition and awarded a compensation to the tune of Rs.2,51,325/- after deducting 25% on account of self negligence of the deceased himself along with interest at the rate of 7.5% per annum from the date of filing of claim petition till its realization.

5. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein challenged the impugned judgment and award on the ground of negligence as well as quantum.

6. Heard learned counsels for the parties.

7. Mr. Amit C. Nanavati, learned counsel appearing on behalf of the original claimants/appellants herein vehemently submitted that the learned Tribunal held that the driver of the offending bus was negligent to the extent of 75%, while the rider of the offending scooter was held negligent to the extent of 25%. He further submitted that at the time of accident, the deceased was travelling on a scooter as a pillion rider, therefore, no negligence can be attributed on the part of the deceased. Despite returning the finding on the issue of negligence that both the drivers were held negligent in the ratio of 75:25; however, in para 21, while calculating the award, the learned Tribunal had deducted 25% from the awarded amount on account of neglig