GUJARAT STATE ROAD TRASPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLER Vs. REKHABEN HARISHBHAI HEIRS AND L.R. OF THE DECD. MENABEN

JUDGEMENT

(1.) Heard learned advocate Mr. Falguni D. Patel for the appellant and learned advocate Mr. Viral K. Vashi for respondents No.1,2,3 and 4 in First Appeal No.4004 of 2018. Perused the record.

(2.) The appellant herein is ST Corporation, which has preferred these appeals against common and consolidated judgment and award dated 29.9.2017 in M.A.C.P. Nos.982 of 2005 and 983 of 2005 by the M.A.C.T. of Ahmedabad City. Both such claim petitions were arising out of the same accident, but for two different victims, who had died in the same accident. The factual details of accident is to the effect that on 12.6.2005, when the victim - Harishbhai was riding his Kinetic Honda GJ-1EE-8839; the driver of ST Bus, owned by the appellant had came in rash and negligent manner so as to endanger the human lives, and had dashed with the victim - scooterist on his backside. At the relevant time, Menaben, mother of the scooterist - Harishbhai was travelling on the scooter as pillion rider. In such fateful accident, both of them have received fatal injuries and therefore, they died. Claim Petition No.983 of 2005 is preferred by legal representatives of deceased Harishbhai; whereas Claim Petition No.982 of 2005 is preferred by legal heirs of Menaben. The record shows that they are common and therefore, practically, two petitions were preferred by them for death of two human-beings.

(3.) After allowing both the sides to adduce evidence, the Tribunal has came to the conclusion that there is no negligence on the part of deceased victim - Harishbhai, since bus has dashed with him on his backside when he was driving a scooter. On perusal of record, I do not find any irregularity, perverseness or arbitrariness in such conclusion regarding negligence of the driver of ST Bus.