GSRTC Vs. RASULBHAI NATHUBHAI SHAIKH

JUDGEMENT

(1.) THE Gujarat State Road Transport Corporation (hereinafter referred to as 'the GSRTC') is before this Court being aggrieved by the judgment and award dated 6th January 1997 in Motor Accident Claim Petition No. 365 of 1996 passed by the Motor Accident Claim Tribunal (Main), Bhavnagar. By the impugned award, the Honourable Tribunal was pleased to award a sum of Rs. 4,93,000/ - holding both the opponents jointly and severally liable. The Honourable Tribunal was pleased to award interest at the rate of fifteen per cent per annum from the date of the petition till realization with proportionate costs.

(2.) THE aforesaid petition arose from the motor vehicular accident, which took place on 16th June 1996 at about 4.30 p.m. in between village Sagwadi and Sargav at a place which is about four kilometers away from Sihore on Sihore -Tana road in Bhavnagar district. The claim petition was filed for a compensation of Rs. 9,00,000/ -.

(3.) THE claim petition was contested by the GSRTC by filing a Written Statement (Exh. 14) wherein it was contended that the claim is neither true nor legal nor bonafide, and they do not admit the claim or any part thereof. It was denied in the Written Statement that the State Transport driver was driving the State Transport bus in a rash and negligent manner. It was contended that the State Transport bus driver was driving the bus slowly and on the correct side of the road, but it was the deceased scooterist who was rash and negligent in driving his scooter, and has thus contributed to the accident to a great extent.