BHIMSING KALUBHAI BARIA Vs. DOLIBEN LALJIBHAI VANKAR

JUDGEMENT

(1.) THE original opponents have preferred this appeal. Appellant no. 1 is driver of the bus owned by appellant no. 2 Corporation. Respondent no. 1 is the original claimant. The appeal is filed under section 110 -A of the Motor Vehicles Act, 1939 [hereinafter referred to as 'the Act']. It is to challenge the judgment and award dated 17/5/1988 made by the Motor Accident Claims Tribunal [Aux.] Panchmahals at Godhra in M.A.C. Petition No. 283 of 1984. It has been filed by mother of minor Jagruti for claiming compensation since she had received serious injuries in a vehicular accident which took place on 20/9/1983 at about 4.00 p.m. According to respondent -claimant, on that day appellant no. 1 drove bus belonging to appellant no. 2 in a rash and negligent manner. As a result of the same, it dashed against Jagruti, a minor child, aged about 8 years, which caused her serious injuries. Her mother, therefore, preferred the petition under the Act for claiming compensation initially for Rs.2 lacs but subsequently reduced to Rs.1 lac.

(2.) THE appellants resisted the claim by filing written statement at Exh. 6. They denied that Jagruti had sustained injuries due to negligent driving of appellant no. 1. However, so far as the date of accident was concerned, they did not raise any dispute. According to them, the victim girl all of a sudden tried to cross the road and to save her, appellant no. 1 had to take abrupt turn and in the process the girl dashed against the rear wheel of the bus and she sustained injuries.

(3.) MRS . Vasavdatta Bhatt, learned advocate appearing for the appellants has submitted that there is no cogent and reliable evidence to hold that appellant no. 1 was driving the vehicle in negligent and rash manner and thereby he caused injuries to minor Jagruti. According to her, she sustained injuries solely due to her own fault. She has further submitted that the compensation assessed by the Claims Tribunal is on a higher side and it is required to be reduced.