GSRTC Vs. JAYSHRI M MODY

JUDGEMENT

(1.) The above Appeal, preferred under Section 173 of the Motor Vehicles Act, 1988 and the Cross Objection, arise from the judgment and award dated 8th November, 2001 passed by the Motor Accident Claims Tribunal [Aux.], Ahmedabad City in Motor Accident Claim Petition No. 1079 of 1999. The claimants were the widow, minor children and the parents of the deceased-Manojbhai Mody. By the impugned Award, the claimants have been awarded compensation in the sum of Rs.13,59,000/= with interest @ 12% per annum and the proportionate cost. Feeling aggrieved, the opponent no.1-Gujarat State Road Transport Corporation, the owner of the offending vehicle, has preferred the above First Appeal No. 681 of 2002 and the claimants have preferred cross objection for enhancement of the amount of compensation.

(2.) On 13th September, 1999, at about 3.30 in the afternoon, the deceased-Manojbhai Mody was riding a motor cycle on Jotana Jakasan road with the pillion rider one-Himatji Jivaji Solanki. The motor cycle hit the oncoming ST bus bearing registration no. GJ-18-V-2417 enroute Bahucharaji-Gandhinagar. On account of the said accident, both the driver and the pillion rider fell off the motorcycle. The driver of the motorcycle, Manojbhai Mody, received multiple head injuries which resulted into his death.

(3.) The claimants lodged the above referred Motor Accident Claim Petition No. 1079 of 1999 before the Motor Accidents Claims Tribunal, Ahmedabad City [hereinafter referred to as, "the Tribunal"] for recovery of compensation in the sum of Rs. 1,57,15,883/=. According to the claimants, the accident in question occurred on account of rash and negligent driving of the offending bus which belonged to Opponent no.1-Corporation which was driven by its driver-Opponent no.2. At the time of accident, the deceased was 40 years of age. He was educated person with a Bachelor's Degree in Agriculture. He was employed by the Gujarat State Land Development Corporation Limited as a Field Supervisor; the last pay he drew was Rs. 10,761/=; that had he lived longer, he would have earned promotions, would have also earned benefit of upward pay revisions and upon his retirement from service at the age of 58 years, he would have earned the terminal benefits. The claimants, therefore, claimed compensation for loss of future income, expectancy of life, loss of consortium, etc.