NEETABEN HASMUKHBHAI KUBERBHAICHAUDHARY Vs. SHAKRABHAI RAIMALBHAI RABARI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 12.5.2006 passed by the Motor Accident Claims Tribunal (Aux.) Surat in MAC Petition No.1219 of 2000. In the claim petition for compensation of Rs.15 lakhs, the Tribunal has awarded compensation of only Rs.1,41,151/- after holding that the accident was caused by the negligence of the ST bus driver and of the deceased motor-cycle driver in the ratio of 85:15.

(2.) This appeal for enhancement of the compensation is filed by the widow, minor son and parents of Hasmukhbhai Kuberbhai Chaudhary who died at the age of 35 years in a motor vehicle accident between the motor-cycle which the deceased was driving and the bus belonging to the respondent-Corporation. The cross-objections are filed by the ST Corporation for challenging the award in so far as the responsibility of the ST bus driver has been determined by the Tribunal at 85%. It is contended that the accident was caused by the negligence of the motor-cycle driver i.e. the deceased himself.

(3.) On 28.10.2000, the deceased was riding his motor-cycle on the outskirts of village Bedchit in Vyara Taluka of Surat District. At about 7 o'clock in the evening, the bus belonging to the ST Corporation and being driven by original opponent No.2 and the motor-cycle were involved in the accident resulting into serious injuries including head injuries to the deceased who was rushed to the Vyara hospital for emergency treatment and thereafter to Surat General Hospital where the deceased succumbed to the injuries during the course of treatment. The widow, a minor son and parents of the deceased filed the claim petition for compensation of Rs.15 lakhs.