GUJARAT STSTE ROAD TRANSPORT Vs. BAI GANGABEN

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 24.04.1991 passed by the motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claim Petition No. 750 of 1988 whereby the claim petition preferred by the claimants came to be partly allowed.

(2.) ON 04.07.1988 at about 7.00 p.m. one Jethabhai Rumalbhai Koli and Kanabhai Dhanabhai went to the blacksmith for making of agricultural implements and while returning towards their home near Koliyar, S.T. bus No. GRU 6690 came and knocked Jethabhai down as a result of which he sustained serious injuries and succumbed to the same. The widow and legal heirs of the deceased Jethabhai Rumalbhai Koli filed aforesaid claim petition. The Tribunal has passed the aforesaid judgement and award which is under challenge by way of preferring this appeal.

(3.) HEARD learned advocates for the respective parties and perused the documents on record. That Exh. 17 panchnama of the scene of accident is two paces away from the tar road. The tar road is 10 feet broad with kutcha strip of 3 ft. on either side. The road is therefore, 16 ft. broad. The panchnama clearly indicates that the driver was driving his bus covering the tar road and therefore he was driving on wrong side as a result of which the pedestrian was knocked down.