GSRTC Vs. HEMABHAI DAYA HARIJAN

JUDGEMENT

(1.) Both these appeals have arisen from common judgment in M.A.C. Petition No. 64/90 and M.A.C. Petition No. 64/90 decided on 13.10.1997 by the Motor Accident Claims Tribunal (Auxi.), Kachchh at Bhuj, and as such these appeals are being heard together and are being disposed of by this common judgment.

(2.) One important fact to be noticed is that these appeals have arisen from one and the t with First Appeal No. 5322 of 1997, decided on 5th August, 1998. same motor vehicle accident. M.A.C. Petition No. 63/90 has been filed by the parents of the deceased child aged 10 months for compensation. Claim Petition No. 64/90 has been filed by the mother of the child, who sustained injuries in the same accident. The facts of the case in brief are that on 13th October, 1989 deceased child and his mother were waiting for S.T. bus near Lodrani S.T. Bus Stop. At about 1.00 O'clock, S.T. Bus plying from Dholavira to Bhuj had reached Lodrani bus stop. Respondent No. 3 herein was driving the bus. He stopped the bus and then the lady along with her child entered the bus. At that time the conductor of the said bus suddenly gave signal without closing the door of S.T. Bus and the bus driver abruptly started the bus with full speed and in negligent manner, and as a result thereof the mother carrying the child lost balance and fell down from the bus. Both mother and child sustained injuries. Both were taken to the Government Hospital, Rapar. The child was declared dead and the mother was treated as indoor patient there.

(3.) In Claim Petition No. 63/90 compensation of Rs. 1 lac was claimed on account of death of the child; and in Claim Petition No. 64/90 Rs. 50,000/- were claimed as compensation for the injuries sustained by the lady. The Tribunal awarded compensation of Rs. 75,000/- as compensation for the death of the child together with interest at the rate of 15% per annum from the date of claim application till realisation. In the injuries case the claimant - lady has been awarded Rs. 50,000/- as compensation with interest. Hence these appeals before this Court.