GSRTC Vs. USHADEVI WD/O ASHOKBHAI RADHESHYAM PANSARI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dated 26th February 2003 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP No. 565 of 1998, by which the learned Tribunal has partly allowed the said claim petition and has awarded a sum of Rs. 10,00,000/= to the original claimants ie., heirs and legal representatives of the deceased driver of maruti car by holding that the deceased driver of maruti car was contributory negligent to the extent of 20%, the original Opponent No. 2-Gujarat State Road Transport Corporation has preferred the present First Appeal.

(2.) At the outset, it is required to be noted that the present Appeal has been preferred only on the finding recorded by the learned Tribunal holding that the driver of the State Transport Bus involved in the accident was contributory negligent at the rate of 80% and in holding the deceased driver of the maruti car contributory negligent to the extent of 20%. Therefore, what is required to be considered in the present Appeal is whether the Tribunal is justified in holding the deceased driver of the maruti car contributory negligent to the extent of 20% only or not ?

(3.) We have heard learned advocate Ms. Roopal R Patel appearing on behalf of the appellant-GSRTC and Shri Kunjal Pandya, learned advocate for the opponents-original claimants.