ORIENTAL INSURANCE CO LIMITED Vs. DEVJIBHAI ARJANBHAI

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment rendered by M.A.C. Tribunal (Main) at Bhavnagar on 19th September, 2000 in M.A.C. Petitions No.832 of 1997 and 833 of 1997. The said two petitions arose out of an accident that occurred on 17th August, 1991 at about 10.45 p.m. on Bhavnagar -Rajkot Highway between village Uchvad and Charkha. One Atulbhai and Ramjibhai were travelling by S.T. Bus No.GJ -1 Z 47 allegedly after appearing at the interview at Jamnagar for a job. They were both qualified Mechanical Engineers and were working as Trainees with Narmada Cement Company Limited at Jafarabad and were drawing a stipend of Rs.2,200/ - per month. Both the deceased were unmarried and had good academic career. Deceased Atulbhai was also a partner in a business as per the say of the claimants and was earning approximately Rs.5000/ - per month from the said business.

(2.) THE Tribunal found that both the drivers were negligent and assessed the contribution of the truck driver at 75% and that of bus driver at 25%.

(3.) AGGRIEVED by the said judgment and awards, the insurer of the truck has preferred these appeals. Learned advocate Mr. Shalin Mehta appearing for the appellant submitted that it is a case of collision between a truck and a bus. The road was wide enough to provide sufficient passage to both the vehicles and, therefore, the Tribunal erred in assessing the contribution of the truck driver at 75%. It should have been less than 75%.