GUJARAT STATE ROAD TRANSPORT CORPORATION Vs. SAVITABEN VAJUBHAI WD/O DECD VAJUBAHI @ VRAJLAL JADAVBHAI & ORS

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 [the Act, hereafter] is at the instance of the owner of the offending vehicle and is directed against an award dated 29th January 2007 passed by the Motor Accident Claims Tribunal [Aux,], Amreli, in M.A.C.P. No. 229 of 2001, thereby partly allowing the claimapplication under section 166 of the Act by awarding a sum of Rs.2,17,260/ - with interest at the rate of 7.5% per annum from the date of the claim petition till actual payment.

(2.) AFTER hearing Mr. Munshaw, the learned advocate appearing on behalf of the appellant and also after going through the materials on record, I find that there is no dispute that the victim, while going on a motor cycle, was hit by the bus owned by the present appellant, resulting in the death of the victim.

(3.) THE Tribunal, on consideration of the materials on record, came to the conclusion that there was contributory negligence of 10% on the part of the victim in causing the accident.