NATIONAL INSURANCE CO. Vs. HEMATSINH NANBHA SAARVAIYA

JUDGEMENT

(1.) THE insurance company has filed this group of first appeals which arise out of the common judgment and order dated October 21,1978, passed by the Motor Accidents Claims Tribunal, Rajkot District at Rajkot, in various claim petition filed by the claimants. In first Appeals Nos. 1047 of 1060 of 1979 and 1066 of 19798, the claimants have filed cross -objections for enhancement of the compensation. At the time of hearing of these appeals, the learned advocate for the claimants has submitted that he may be permitted to reduce the claim in the cross -objections. The permission is granted and he has reduced the claim in the aforesaid cross -abjections to Rs. 8,000.

(2.) THESE claim petition arise out of an accident which took place on June 12, 1977, at about 3 -30 p.m. on Upleta Probandar Highway near village Morkhand between private bus no.GTK 3148 and S.T. bus No. GTE 3084. For the marriage of one Gandalal Nathabhai Gajera, a private luxury bus No. GTX 3148 was hired and the marriage party proceeded from village Makhatimbi to village Makhiyala in the early hours of May 12,1977. After the marriage was over, the marriage party started at about 3 -00 p.m. from village Makhyala for doing Makhatimbi. Tekhubha Lakhubha Jadeja was the driver of the said bus. At about 3 -30 p.m. the S.T. bus No. GTE 3984 was going towards Kutiyana and at a distance of about 2 to 3 kms. from Upleta near Mekhatimbi village, the accident took place. Because of the accident, one member of the marriage party died and several other persons received injuries. Nine passengers tra - velling by the S.T. bus died and some others received injuries. The driver of the S.T. bus also died on the spot. The injured persons were removed to the Upleta Hospital and thereafter some of them were taken to Junagandh Hospital. In these matters, it is an admitted fact that the accident took place at about 3 -30p.m. on May 12,1977 on the highway near Morkhada village between the luxury buss which was proceeding form mekhatimbi towards village Makhityala and S.T. buss No. GTE 3984 which was proceeding towards Kutiyana.

(3.) NOW , in this group of appeals, the finding of the learned Tribunal that the driver of the luxury bus was driving the bus racy and negli - gently due to which the accident occurred is not challenged.