GSRTC Vs. ARJAN KANJIBHAI SORATHIA

JUDGEMENT

(1.) Admit. Mr. Soni learned Counsel for the original claimants waives service of notice. The presence of the driver may not be required in view of the order which may be passed by this Court hereinafter. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard.

(2.) The short facts of the case appear to be that on 3.10.1984 when the deceased was travelling in Jeep bearing Registration No. GAD 5112 from Anjar to Mitha Port, at about 10.00 hours when the Jeep just crossed the railway crossing on Malia road, at that time one S.T. Bus, bearing Registration No. GRR 9171 being driven in rash and negligent manner dashed with the Jeep, and as a result thereof the passengers of the Jeep sustained injuries and one Shantaben ultimately succumbed to the injuries. The claim petition was filed being MACP No. 232 of 1989 for the recovery of the compensation of Rs. 2,00,000/-. The tribunal after adjudication awarded compensation of Rs. 1,87,880/- with the interest at the rate of 15 percent per annum and further ordered that the interest at the rate of 18 percent shall be payable if the amount is not deposited within period of one month. It is under these circumstances the present appeal before this Court.

(3.) Heard Mr. Rawal learned Counsel for the appellant and Mr. Soni learned Counsel for the original claimants. Considered the judgement and award of the tribunal.