GUJARAT STATE ROAD TRANSPORT Vs. LAXMIDEVI JANAKSINHJI

JUDGEMENT

(1.) THIS appeal arises out of the judgment and award passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No. 32 of 1975. The appellant Gujarat State Road Transport Corporation is the original opponent No. 1 in the said claim petition.

(2.) ON 3-6-85 at about 1-30 p.m. there was a collision between an S.T bus bearing No. GTE 6720 belonging to "the appellant Corporation and the car bearing No. GJY 5517 belonging to respondents No. 1 to 6 who were original applicants in the said claim petition. As a result of the said collision, the car was damaged and the occupants of the said car including applicants No. 2 and 6 received injuries. Therefore, the applicants filed Motor Accident Claims Petition No. 32 of 1975 claiming Rs. 40,000/-as compensation in respect of the damage caused to the car, Rs. 1,000/- as compensation for the injuries received by applicant No. 7 and Rs. 9,000/-as compensation for the injuries received by applicant No, 6, The claim of the applicants was contested by the appellant Corporation on the ground that the accident had taken place as a result of rash and negligent driving of the car and not as a result of rash and negligent driving of the S.T. bus by its driver.

(3.) THE Tribunal, after considering the oral evidence of these witnesses and the evidence of the Panch witnesses and the Panchnama came to the conclusion that at the relevant time, the car was driven by Hinadevi and not by Indulal as claimed by the applicants and that the accident had taken place as a result of rash and negligent driving of the drivers of both the vehicles. The Tribunal also found that the S.T. driver was negligent to the extent of 75 percent and the driver of the car was negligent to the extent of 25 percent. The Tribunal also found that the damage of the 'car-Saras' to the extent of Rs. 16,000/-. The Tribunal, therefore, awarded Rs. 12,000/- to the applicants by way of compensation for the damage caused to thenar, Rs. 150/- to applicant No. 2 for the injuries received by him and Rs. 3,750/- to applicant No. 6 for the injuries received by her. Against that award, the S.T. Corporation has filed the present appeal. The respondents-applicants had also filed cross objections in the first appeal, but they have withdrawn the same before effective hearing.