GSRTC Vs. DILIPBHAI BACHUBHAI GARASIYA

JUDGEMENT

(1.) THESE appeals have been preferred against the common judgment and award dated 25.02.2000 passed by the Motor Accident Claims Tribunal [Aux.] Vadodara in M.A.C.P. No. 1584 of 1994 and in M.A.C.P. No. 104 of 1995, whereby the claim petitions were partly allowed and the original claimants in M.A.C.P. No. 1584 of 1994 were awarded total compensation of Rs. 2,47,000/- and in M.A.C.P. No. 104 of 1995, the original claimants were awarded total compensation of Rs.65,500/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 12.11.1994, while Kanchanbhai Budhabhai and Dilipbhai were travelling on the roof of the S.T. bus bearing no. GQE 9589, from Vadodara to Dabhoi. On account of the rash and negligent driving of the S.T. bus, the passengers sitting on the roof were hit by the branch of the tree, as a result of which, Kanchanbhai and Dilipbhai sustained severe bodily injuries and subsequently Kanchanbhai expired. THE legal heirs of deceased and injured persons filed claim petitions, which came to be partly allowed, by way of the impugned award. Being aggrieved by the impugned award, the appellant Corporation has preferred the present appeal.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. From the evidence on record, it appears that when the accident took place, the deceased and injured persons were found to be travelling on the roof of the S.T. bus. When the driver had the knowledge that some passengers were sitting on the roof of the bus, it is the duty of the driver to drive the bus carefully. Considering the facts of the case, I am of the view that the Tribunal was completely justified in holding the appellant Corporation held liable to satisfy the award. 4. So far as the compensation awarded by the Tribunal is concerned, the same also appears to have been arrived at after duly appreciating the entire evidence on record. Hence, in my view, the compensation awarded by the Tribunal can be said to be in complete consonance with the evidence on record.