STATE OF GUJARAT Vs. VIRJIBHAI MADHABHAI VEKARIYA

JUDGEMENT

(1.) Heard learned AGP Mr. Soaham Joshi for the appellant, learned advocate Mr. Paresh Darji for the respondent No.1, learned advocate Mr. Imtiyaz Mansuri for respondent No.2 and learned advocate Mr. Sunil B. Parikh for the respondent No.3. Perused the record.

(2.) The appellant herein is the owner of the vehicle, which was involved in the accident wherein respondent No.1 has received grievous injuries. Though appellant has challenged its liability to pay compensation to the injured victim, it is not with reference to the dispute regarding incident of accident or injuries sustained by the injured respondent, but it is merely on the ground that respondent No.2 herein, who is in services of the appellant, had driven the vehicle during night hours i.e. without any instruction by any officer of the appellant and beyond his duty hours.

(3.) It is undisputed fact that on 19.12.1993, when injured victim was returning from Amroli along with his friend on moped No.GBU-1497, at about 10 p.m., when they reached near the bridge of Amroli, a jeep bearing registration No.GUY-275 owned by appellant and driven by respondent No.2, came from opposite direction from Katargam in rash and negligent manner and by coming on wrong side, had dashed with the moped of the claimant. It is also undisputed fact that in such accident, respondent No.1 has received several injuries, including fracture of left leg and since he was doing his business at the relevant time, he has claimed Rs. 6 Lacs as compensation. By impugned judgment and award dated 4.7.2015, the Motor Accident Claims Tribunal (Main), Surat has awarded an amount of Rs. 2,18,500/- as compensation by allowing Motor Accident Claim Petition No.80 of 1994.