GASTC Vs. RAMESHBHAI JERAMBHAI SOJITRA

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 17.12.1996 passed by the Motor Accident Claims Tribunal (Main), Junagadh, in MAC Case No. 1 of 1996. The Hon'ble Tribunal was pleased to award an amount of Rs. 1,62,000/ - in MAC Case No. 1 of 1996 which was filed under Section 163A of the Motor Vehicles Act. The relevant discussion is found in para -1 of the judgment and award which reads as under: -

(2.) LEARNED Advocate for the appellant GSRTC could not assail the judgment and award passed by the Hon'ble Tribunal in view of the fact that the amount awarded by the Hon'ble Tribunal is on lower side than the amount provided for being awarded in the Schedule. So far as the decision of the Hon'ble the Apex Court in the matter of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., reported in : AIR 2009 SC 3104(1) is concerned, which of course is not applicable to the facts of the present case as submitted by the learned Advocate for the opponent, the amount would have been much higher than awarded by the Hon'ble Tribunal. The only reason for which the opponents -original claimants will not be able to claim higher compensation is that they have not preferred cross -appeal.