CHINUBHAI MOHANBHAI PATEL Vs. AHMEDABAD MUNICIPAL TRANSPORT

JUDGEMENT

(1.) THE present appeal is directed against the award passed by the learned Motor Accident Claims Tribunal No. 3 at Ahmedabad in M.A.C. Application No. 16 of 1979. The appellant filed a claim petition claiming Rs. 1,75,000/- from the opponents and alleged that on 19-9-1978 deceased Girish who was their son, was travelling by a rickshaw at about 11.45 a.m. While the said rickshaw was passing by Galia Limadi road near Ashawara Bridge, a Municipal bus bearing No. 4748 came at an excessive speed and collided with the rickshaw. The rickshaw was thrown away and the deceased was crushed under the rickshaw. He succumbed to his injuries. Alleging that the deceased was already holding a B.D.S. degree and was prosecuting his studies for M.D.S. he had very bright prospects in life and his sister being an American national he had every chance of migrating there, where his prospects would have been still better, the said amount was claimed.

(2.) THE claim was resisted by both the sets of opponents, each alleging that the other driver was negligent. It was also insisted on the ground that the claim was grossly inflated. The learned Tribunal, after recording evidence came to the conclusion that the rickshaw driver was not at all to be blamed and the AMTS bus driver was solely responsible for the said mishap. The rickshaw driver, its owner and Insurers were exonerated whereas the bus driver, AMTS Corporation and the Oriental Insurance Co. being Insurer of the said bus were held responsible.

(3.) THE claimants being aggrieved by the same have approached this Court by way of the present appeal.