GSRTC Vs. GOPABHAI GABBABHAI

JUDGEMENT

(1.) THE Gujarat State Road Transport Corporation has filed this appeal to challenge judgment and award made by the Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claim Petition No. 215 of 1988 dated 10.06.1996. The Tribunal has awarded sum of Rs.37,000/ - by way of compensation to respondent No.1, who is original claimant, for the injuries sustained by him in a vehicular accident which took place on 5.2.1988 near Sihor Octroinaka at Sihor.

(2.) IT is the case of respondent No.1 that, on the date of the accident, he was standing near his pan shop. It was around 1.00 O'clock in the night. At that time, respondent No.2 -, i.e. driver of the bus belonging to the appellant bearing Registration No. GRU 8783, arrived from Bhavnagar side. It was driven in a rash and negligent manner and with great speed. It is his say that the bus dashed against him, as a result of which, he sustained serious injuries. He was initially removed to Sihor Hospital, but, later on, shifted to Sir T. Hospital, Bhavnagar. He has averred that, because of the accident, he sustained injuries on his left leg and had to remain in bed for a long time. As a part of treatment, an iron rod was inserted in his leg and he had to lie in the bed for considerably long period. He has, therefore, claimed compensation of Rs.50,000/ -.

(3.) IT is submitted by Mr. Y.S. Lakhani, learned advocate for the appellant, that there was no negligence on the part of respondent No.2 and the accident did not occur due to his negligence. He has further submitted that the compensation awarded to respondent No.1 was on the higher side. Respondent No.1, though served, is not present.