BACHUSA DADUSHA Vs. SHARDABEN CHANDUBHAI PATEL

JUDGEMENT

(1.) These appeals preferred under Section 110 D of the Motor Vehicles Act, 1939 are disposed of by the common judgment arising out of the judgment and award dated 21-11-1992 passed by the Motor Accident Claim Tribunal (Main), Ahmedabad (Rural) at Mirzapur, Ahmedabad (for short, "the Tribunal"), by which the learned Tribunal disposed of Motor Accident Claim Petitions No. 50 of 1987 and 51 of 1987. The Tribunal also disposed of another Motor Accident Claim Petition No. 367 of 1987 by the said common judgment which has remained unchallenged. Both the appeals have been admitted and by interim orders, the impugned judgments and awards passed by the learned Tribunal are stayed on certain terms and conditions.

(2.) The incident in question took place on 05-01-1987 at 8.30 AM, near Ujala Hotel on the Ahmedabad Bavla Road, when Truck bearing No. GTH 7277 collided with Scooter bearing No. GUE 3373 having side-car and it resulted into the death of the driver of the scooter, whose heirs and legal representatives filed MACP No. 50 of 1987 and another person sitting in the side-car whose heirs and legal representatives filed MACP No. 51 of 1987. The person, travelling on the Scooter as a pillion-rider, also sustained injuries and she preferred MACP No. 367 of 1987. As stated earlier, the impugned common judgment and award passed by the learned Tribunal in favour of Motor Accident Claim Petition No. 367 of 1987 has remained unchallenged by the appellants.

(3.) Mr. Rajni H. Mehta, learned Counsel for the appellants, has vehemently submitted that the accident happened due to sole negligence of the scooter-driver, and in the alternative, he submitted that the deceased scooter-driver was more negligent. Mr. Mehta has further submitted that the amount awarded by the Tribunal is on the higher side. Mr. Mehta has challenged the quantum of award in MACP No. 50 of 1987 to the extent of Rs. 2,50,000/- and in MACP No. 51 of 1987 to the extent of Rs. 50,000/-.