STATE OF GUJARAT Vs. MOHMAD IRFANULLA HABIBULLA KHATIB

JUDGEMENT

(1.) The State Government and its authority are in appeal challenging the judgement and award dated 30th April, 1999 passed by the Motor Accident Claims Tribunal(Main)Godhra in M.A.C.P. No.240/1988.

(2.) In a vehicular accident which took place between a tanker owned by the State Government and a bus of State Road Transport Corporation on 30th September, 1987, the claimant i.e. opponent no.1 herein received bodily injuries. He therefore, filed the above -mentioned petition seeking a compensation of Rs.10 lakhs. from the appellant herein.

(3.) The Tribunal in the impugned judgement came to the conclusion that the accident was caused solely on account of negligent driving of the tanker owned by the State Government. To come to such a conclusion, the Tribunal relied on its earlier judgement rendered in certain other claim petitions arising out of the same accident. It may be noted that the claim petitions decided earlier as well as in the present claim petition, the driver of the S.T. Bus was not held responsible for causing the accident.