GSRTC Vs. GANCHI VORA USMANBHAI VASTABHAI

JUDGEMENT

(1.) ALL these appeals have been filed by the ST Corporation being aggrieved and dissatisfied with the judgment and award dated 16-4-1996 passed by the Motor Accidents Claims Tribunal, Jamnagar in MACP Nos.140/89, 60/89, 179/89, 180/89, 181/89, 193/89, 345/89 and 469/89 partly allowing the claim petitions and awarding compensation with interest @ 12% per annum from the date of application till realisation.

(2.) THE accident in question took place on 29-1-1987 at about 9.00 a.m. between ST bus No.GQE-8461 and Fiat Car No.GJF-530 near the signboard No.61, Near Village Hali, on Jamnagar-Rajkot road causing fatal injuries to passengers of car and, therefore, legal heirs and representatives of the deceased have filed the claim petitions claiming compensation. After hearing the learned advocates for the parties and considering oral as well as documentary evidence including panchnama and other documents, impugned common judgment and award was delivered by the Tribunal. Against which, present appeals are preferred by the ST Corporation.

(3.) IT is submitted by Mr.Desai that the tribunal has committed error in holding that bus driver was solely negligent for the accident. It is further submitted that the Tribunal ought to have held the car driver for contributory negligence and thus committed a grave error. It is further submitted that the Tribunal has not considered the affidavit of bus driver, Shri Navalsinh Bhurabhai Jadeja at Ex.166. Further, income of the deceased considered by the Tribunal is also not proper though there are no documentary proof with regard to the same. It is therefore requested that the impugned award may be quashed and set aside and appeals may be allowed.