AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. HANSABEN NATWARLAL DABGAR

JUDGEMENT

(1.) In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act'), the appellant Ahmedabad Municipal Transport Service (AMTS for short) original opponent No. 3 in M.A.C.P. No. 366 of 1992 has challenged the amount of Rs. 3,50,000.00 awarded by the Motor Accident Claims Tribunal (Aux.), Ahmedabad, for personal injuries sustained by respondent No. 1, original claimant, inter alia, contending that the amount of compensation is excessive and the main responsibility was on the part of the driver of the autorickshaw.

(2.) The original claimant claimed an amount of Rs. 4,03,200/- on account of serious injuries and permanent partial disablement. She is one of the seriously injured claimants on account of road accident which occurred on 15.9.1991. Two vehicles were involved in the accident. One of them was AMTS bus bearing registration No. GQE 8002 belonging to the appellant and the autorickshaw. The contention of the original claimant was that AMTS bus was driven in a rash and negligent manner. The claimant was travelling in autorickshaw bearing No. GRR 312. The accident occurred on 15.9.1991 at about 9.00 p.m. Original opponent No. 1 driver and the owner of the autorickshaw and the driver of the AMTS bus were rash and negligent and responsible for the accident as per the case of the claimant. On account of dashing of the AMTS bus, the autorickshaw turned turtile resulting into serious injuries to the occupants including the original claimant respondent in this appeal.

(3.) The opponents appeared and resisted the claim petition. Each party tried to throw the blame on the adversary. However, considering the facts and circumstances of the case, the Tribunal has awarded an amount of Rs. 3,50,000.00 against the original claim of Rs. 4,03,200.00 to the claimant for personal injuries holding that both the drivers of the vehicles were rash and negligent and responsible for the accident resulting into serious permanent partial disablement affecting functional loss to the claimants.