GSRTC Vs. DAMYANTIBEN JATASHANKAR MOTA & OTHERS

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, filed by the appellant, Gujarat State Road Transport Corporation, arises out of the judgment and award dated 10th March 2003 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj, in Motor Accident Claim Petition No.872 of 1997, whereby, the Tribunal awarded compensation of Rs.6,42,000/ - in favour of the claimants, namely, the widow and five children of the deceased, with running interest at the rate of 9% per annum from the date of filing the claim petition till realization of the awarded amount from both opponents jointly and severally.

(2.) ON 4th September 1997, at about 3.40 p.m. on Mandvi -maska Road, the unfortunate accident took place. The deceased, Jatashankar Damji Moto, died on the spot when the S.T. Bus bearing registration No.GJ -1 -Z -4097, owned, managed and driven by the driver employed by the appellant -GSRTC, dashed with Moped bearing registration No.GUX 917 driven by the deceased with his son, Hitesh Jatashanker Mota, as pillion rider.

(3.) AFTER considering the relevant documents and hearing the parties, the Tribunal framed issues: whether the claimants prove that the deceased died due to rash and negligent driving by the driver of the S.T. Bus in the course of his employment with the S.T. Corporation and whether the claimants are entitled to compensation from the opponents or any of them and if yes what amount and from whom.