IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4471 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No √

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GUJARAT STATE ROAD TRANSPORT CORPORATION Versus ASMITABEN KISHORBHAI CHAUHAN & ORS.

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Appearance:

MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1 MR HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5,6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/02/2026 ORAL JUDGMENT Admit. Learned advocate Mr. Hemal Shah waives service of notice of Admission for and on behalf of the respondents. With the consent of learned advocates appearing for the respective parties, present appeal is taken up for final hearing today.

[1.0] Present First Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “MV Act”) is filed by the appellant – Gujarat State Road Transport Corporation challenging the impugned judgment and award dated 30.03.2024 by the learned Motor Accident Claims Tribunal (Special), Rajkot (for short “learned Tribunal”) in Motor Accident Claim Petition No.1537 of 2018, whereby the learned Tribunal was pleased to partly allow the claim petition by holding the appellant – GSRTC solely liable to pay compensation of Rs.23,10,000/-

to the original claimants.

[2.0] The brief facts leading to filing of present appeal are as follows: [2.1] On 12.10.2018, the deceased Kishorbhai Mohanbhai Chauhan was riding his motorcycle on his extreme side of the road and when he reached at the place of accident, driver of S.T. Bus No.GJ-18-Z-1785 came driving his ST Bus with full speed in rash and negligent manner and hit the motorcycle of the deceased from behind thereby causing fatal injuries to the deceased due to which the deceased died. Therefore, the legal heirs and representatives of the deceased i.e. original claimants filed MACP No.1537/2018 seeking compensation of Rs.32 lakh.

[2.2] After considering the evidence produced and adduced, the learned Tribunal held the driver of ST Bus solely negligent for the accident and was pleased to award Rs.23,10,000/- to the original claimants. However, the GSRTC being aggrieved with 100% liability saddled on the GSRTC as well as on the ground of exorbitant compensation being awarded to the claimants, present First Appeal is filed by the appellant – GSRTC.

[3.0] Learned advocate Ms. Sejal Mandavia appearing for the appellant – GSRTC has submitted that the learned Tribunal has committed an error in not considering contributory negligence on the part of the deceased motorcyclist as he was riding the motorcycle with full speed rashly and negligently. She has further argued that despite there being no any evidence with regard to income of the deceased, learned Tribunal has awarded exorbitant amount of compensation. Hence, she has requested to allow the present appeal.

[4.0] Learned advocate Mr. Hemal Shah appearing for the respondents – original claimants has opposed the present appeal by submitting that the learned Tribunal has not committed any error in holding the driver of ST Bus to be solely negligent for the accident. Even, the driver of ST Bus against whom charge-sheet is filed, is not examined to rebut the presumption and therefore, learned Tribunal has rightly appreciated the evidence namely complaint, panchnama.

Hence, he has requested to dismiss the first appeal.

[5.0] Having heard learned advocate for the appellant – GSRTC and learned advocate for the original claimants and perusing the record, it appears that the learned Tribunal has considered the evidence produced and adduced by both the parties including the affidavit of claimant No.1 (Exh.15), complaint (Exh.18), panchnama of scene of accident (Exh.19) and perusing the same, it appears that the alleged accident took place while deceased