GSRTC Vs. KALPANABEN WD O DIPAK PARIKH DECD

JUDGEMENT

(1.) The sole question which has been raised in this appeal is as to whether the amount of Rs. 4,07,000/- awarded by the Tribunal by the impugned award against the claim of Rs. 8,00,000/- in view of the loss of life of a Science Graduate, working person and a healthy young man, is excessive to the extent of Rs. 1,00,000 1 to which our clear answer spontaneous response is in the negative for the reasons given hereinafter.

(2.) The accident in question occurred on 1.3.1987 when the deceased Deepak, Manager of Krishna Petroleum, was returning from Varnama Plant to Vadodara, in motor car No. GRE 5111, alongwith his friend, Sanjay Shah, sustained fatal injuries when the said car reached near Priyadarshini Apartments oh account of violent impact of the S.T. Bus No. GRI 6859. The car was, totally, smashed and deceased Deepak and his friend Sanjay were, seriously, injured. Unfortunately, Deepak succumbed to the said injuries; In view of the aforesaid facts, heirs and legal representative of the deceased filed Motor Accident Claim Petition No. 9 of 1988 before the Tribunal at-Vadodara, for compensation of an amount of Rs. 8 laces from opponents with interest.

(3.) The opponents appeared and resisted the claim petition by filing written statement, at Ex. 18. Allegation or rash and negligent driving on the part of the driver of the S.T. bus and the second allegation that the deceased was working and attending as partner of partnership firms, came to be countenanced.