GSRTC Vs. LINKAN F CHRISTIAN

JUDGEMENT

(1.) THE above appeals are directed against the common judgement and award dated 30th October 1998 passed by learned Motor Accident Claims Tribunal (Aux.) Court No. 13, City Civil and Sessions Court, Ahmedabad in 268 and 269 of 1994 whereby the Tribunal has awarded a sum of Rs. 5,72,100/- along with interest at the rate of 12% per annum from the date of application till realisation.

(2.) THE accident in question giving rise to the claim petition took place on 5. 5. 1994 at about 6. 30 pm near Geeta Mandir Road, on the way to Jamlpur Traffic Circle. The deceased Sudhirbhai, who was the husband of respondent no. 3 herein, father of respondent no. 4 and son of respondent nos. 1 and 2 was riding his scooter. At that time the offending S. T. Bus bearing No. GJ-17-2635 driven by its driver came at an excessive speed and dashed with the scooter as a result of which the deceased sustained injuries and succumbed to the same. Therefore the original claimants filed Claim Petition being MACP No. 268 of 1994 claiming compensation in the sum of Rs. 4,00,000/ -. The respondent nos. 3 and 4, have also filed MACP No. 269 of 1994 claiming compensation in the sum of Rs. 8,00,000/- in respect of the very same accident. The deceased was husband of respondent no. 3 and father of respondent no. 4.

(3.) BOTH the aforesaid applications came to be consolidated and by common judgement and award dated 30th October 1998 the learned Tribunal partly allowed the claim applications by awarding a sum of Rs. 5,75,100/- along with interest at the rate of 12%. The Tribunal has directed that if the amount is not paid within six weeks, the rate of interest would be 15% and further directed that the awarded amount shall be apportioned between the respondents no. 3 and 4 on one hand and respondent nos. 1 and 2 on the other hand at 70:30. It is against the aforesaid judgement and order of the Tribunal the present appeals have been filed.