GSRTC Vs. DILAVARKHAN HUSEINKHAN PATHAN

JUDGEMENT

(1.) GUJARAT State Road Transport Corporation (hereinafter referred to as, "GSRTC") has filed the present First Appeal being aggrieved by judgment and award dated 20.05.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar. The heirs and legal representatives of deceased Mohmadhusain Dilawarkhan Pathan, who succumbed to the injuries sustained in an accident on 03.11.1994 at about 10 am at Sihor S.T. Bus Stand, filed MACP No. 481 of 1994 claiming compensation of Rs. 4 lacs. The Hon'ble Tribunal awarded Rs. 3,56,000/ - with interest at the rate of 15% per annum from the date of the petition till realization from the opponents jointly and severally with proportionate costs. The Hon'ble Tribunal did observe that, "...... However, the opponents are at liberty to deposit interest @ of 12% per annum, if the amount is deposited within a period of five months from the date of this order..... "

(2.) HEARD learned Advocate for the appellant -GSRTC, who invited attention of the Court to the memo of the First Appeal, wherein Ground Nos. C and D are the main Grounds, which read as under: -

(3.) ON careful consideration of the judgment and award of the Hon'ble Tribunal and on careful consideration of the oral as well as documentary evidence led before the Hon'ble Tribunal, this Court is of the opinion that the First Appeal is without any merit. Hence, the same is dismissed.