GSRTC Vs. RANCHHODBHAI RAMJIBHAI RABARI

JUDGEMENT

(1.) BY way of First Appeal No. 80 of 2002, the original opponent no.2 ­ present appellant has challenged the award dated 20.03.2001 passed by the Motor Accident Claims Tribunal, Panchmahals at Godhra in Motor Accident Claims Petition No. 1284 of 1994 whereby the Tribunal directed the original opponents to jointly and severally pay a compensation of Rs. 4,45,500.00 to the original claimant with interest at the rate of 9% per annum and proportionate costs. 1.1 The original claimant has filed First Appeal No. 84 of 2002 seeking enhancement of the compensation amount.

(2.) THE original applicant -present respondent no. 1 had filed a claim petition seeking compensation for Rs. 8,00,000.00 for the injuries sustained by him in the motor vehicular accident which had occurred on 23.10.1994 Godhra bus stand when an S.T. bus bearing no. GJ 1 Z 3537 hit the claimant. The bus was being driven by original opponent no.1 at an excessive speed. Due to such rash and negligent driving, the claimant sustained serious injuries. The claimant therefore filed the aforesaid claim petition. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR . S.P Majmudar, learned advocate appearing for the . original claimant supported the award of the Tribunal so far as liability of the appellant corporation is concerned. He however submitted that the Tribunal has erred in awarding compensation which is on lower side. He submitted that the Tribunal has considered the income of the deceased and the multiplier on a lower side. He submitted that the Tribunal has rightly assessed disability at 100% considering the decisions of the Apex Court and that the amount awarded under various heads also need to be enhanced. He submitted that the Tribunal has not awarded adequate amount under pain shock and suffering.