AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. MANUBHAI PUNJALAL SHAH

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the Ahmedabad Municipal Transport Service (A.M.T.S.), the owner of the offending bus and is directed against the award dated 20th September, 2005 passed by the M.A.C. Tribunal (Auxi.), Court No. 8, Ahmedabad in M.A.C.P. No. 307 of 2000 thereby disposing of the proceeding under section 166 of the Motor Vehicles Act by awarding a sum of Rs. 4,28,000/ - with interest at the rate of 8% per annum from the date of filing of the application till realization.

(2.) BEING dissatisfied, the owner of the offending bus has come up with the present appeal.

(3.) AFTER going through the materials on record, it appears that on 18th April, 2000 at about 10.30 night, when the victim, a divorcee without having any child, was proceeding on his bicycle, a bus owned by the appellant dashed with the bicycle, as a result, he came under the rear wheel of the bus, resulting in his death. The claim application was filed by the parents of the victim. According to the claimants, the victim used to work in Reliance Industries and had salary of Rs. 3000/ - a month. He was aged 35 years. The claimants, thus, prayed for compensation of Rs. 8,50,000/ -.