DIVISIONAL CONTROLLER GUJARAT STATE ROAD TRANSPORT CORPORATION Vs. SANDHYA SAHEGAL WD/O. SATISH SAHEGAL

JUDGEMENT

(1.) The present appeal is at the instance of the Gujarat State Road Transport Corporation (hereinafter referred to as " the Corporation ") in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 14th March 2001 passed by the learned Judge, Motor Accident Claims Tribunal, Nadiad in Motor Accident Claim Petition No.659 of 1990, thereby disposing of the said proceeding by awarding a sum of Rs.22,31,452=00 along with interest at the rate of 9% per annum in favour of the three claimants i.e. wife of the deceased, minor daughter of the deceased and mother of the deceased. The Corporation was directed to pay the said amount in a manner described in the award. Being dissatisfied, the appellant - Corporation has come up with the present appeal.

(2.) According to the claimants, on 4th April 1990 at about 11:00 a.m., the victim met with an accident involving the offending vehicle resulting in his death. The deceased Major Satish Sehgal along with his wife was travelling from Vadodara to Ahmedabad in a military jeep bearing registration No. 86 -B -37990 -M, which was being driven by one Chandubhai Mohanbhai. At about 11.00 a.m. near village Hariyala, the State Transport Corporation bus bearing registration No.GQE -9237 came from the opposite direction in a rash and negligent manner and dashed with the jeep, as a result of which deceased Major Satish Sehgal was thrown out from the jeep and fell on the road, getting crushed under the wheel of a truck bearing registration No.DIL -2180 which was following the jeep in which the deceased was travelling with his wife. The widow of the deceased and the driver of the jeep also sustained injuries in the form of fractures etc.

(3.) It appears from the record of the case that initially MACP No.659 of 1990 was filed claiming compensation of Rs.20,50,000=00 but, later on, by an amendment, the claim amount was enhanced to Rs.50 lac. In the claim petition, the income of the deceased was shown at Rs. 10,000 =00 per month including the allowances and amenities provided to the deceased. At the time of the accident, deceased was 38 years of age.