NATIONAL INSURANCE COMPANY Vs. RAJENDRA HEMATSINH

JUDGEMENT

(1.) THE Insurance Company has filed this group of First Appeals which arise out of the common Judgment and order dated 21st 'October 1978 passed by the motor accidents claims Tribunal, Rajkot District at Rajkot in various claims petitions filed by the claimants. In First Appeals Nos. 1047/79, 1050/79 and 1066/79 the claimants have filed cross-objections for enhancement of the compensation. At the time of hearing of taese appeals, the learned advocate for the claimants has submitted that he may be permitted to redice the claims in the cross-objections. The permission is granted and he has reduced the claims in the aforesaid cross-objections at Rs. 8,000/-.

(2.) THESE claims petitions arise out of the accident which took place on 12-5-1977 at about 3-30 p.m. oa Uplete-Porbandar Highway near village Morkheda between the private bus No. GTX 3148 and S.T. bus No. GTE 3984. For the marriage of Gandalal Nathabhai Gajera a private luxury bus No. GTX 3148 was hired and the marrige party proceeded from village Makhatimbi for village Makhiyala in the early hours of 12-6-1977. After the marriage was over, the marriage party started at about 3-00 p.m. from village Makhiyala for going to Makhatimbi. Takhubhai Lakhubhai Jadeja was the driver of the said bus. At about 3-30 p.m. the S.T. bux No. GTE 3984 was going towards Kutiyana and at a distance of about 2 to 3 kms. from Upleta Near Makhatimbi village the accident took place. Because of the accident one member of the marriage party died aad several other persons received injuries. 9 passengers travelling by S.T. bus died and some others also received injuries. The driver of the S.T. bus also died on the spot. The injured persons persons were removed to the Upleta Hospital aod there after some of them were taken to Junagadh Hospital. In these matters it is an admitted fact that the accident took place at about 3-30 p.m. on 12-5-1977 on Highway near Morkhada village between the luxury bus which was proceeding from Makhatimbi towards village Makhiyala and S.T. bus 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 rashly and negligently due to which the accident occurred is not challenged.