UNION OF INDIA Vs. BALUJI BECHARJI BARAD

JUDGEMENT

(1.) These three appeals are filed by the Union of India through the General Manager, Western Railway, being aggrieved by judgement and award rendered by Motor Accident Claims Tribunal (Main), Mehsana ('the Tribunal' for brevity) dated 8th April 1986 in Motor Accident Claim Petitions (MACP) No.334 of 1982 (First Appeal No.1172/86), 442 of 1982(First Appeal No.1178/86) and 563 of 1982 (First Appeal No.1182/86), which is a common judgement and award in MACPs No.320, 334, 335, 436, 437, 438, 439, 442, 512, 513, 514, 563, 591, 606, 607 and 641 of 1982.

(2.) The appellant is before this Court challenging the judgement and award only on the ground of negligence. The Tribunal held Union of India responsible for the accident to the extent of 30%, as against that of S.T. Corporation to the extent of 70%. The submission of the learned counsel for the appellant-Union of India is that the Union of India is not responsible at all. This contention was raised by the Union of India in a number of First Appeals which arose from other cognate MACPs, against which First Appeals were filed before this Court. This issue was decided by Division Bench of this Court [Coram: S.B. Majmudar & P.M. Chauhan, JJ. (as their Lordships then were)] by judgement and order dated 30th December 1986. It is submitted that against this judgement and order of the Division Bench, Special Leave Petitions were filed before the Hon'ble the Apex Court being Petitions for Special Leave to Appeal (C) Nos.4542 to 4553 of 1997, which were heard along with Civil Misc. Petitions No.10497 to 10507 of 1987, and were dismissed by the Hon'ble the Apex Court by order dated 22nd August 1995. That being so, this question is not required to be gone into by this Court.

(3.) These First Appeals are dismissed in light of the above judgement and order of this Court which is confirmed by the Hon'ble the Apex Court in the aforesaid SLPs.