GSRTC Vs. MANJULABEN MANILAL SHETH

JUDGEMENT

(1.) HEARD learned Advocate Mr. Dipen Desai for appellant GSRTC and learned Advocate Mr. Mehul S. Shah for respondents claimants.

(2.) BY way of this appeal, appellant has challenged award made by claims tribunal Kachchh at Bhuj in claim petition no. 113/90 dated 13. 3. 97 wherein claims tribunal has awarded compensation of Rs. 2,20,000. 00 in favour of respondents claimants with 15% simple interest thereon from the date of application till realization.

(3.) LEARNED Advocate Mr. Desai for appellant submitted that the claims tribunal has committed gross error in coming to the conclusion that the driver of ST Bus was negligent and unauthorizedly permitted passenger to travel on the roof of the bus. He submitted that it ought to have been appreciated by claims tribunal that there was no proof whatsoever to prove the income of deceased. As per his submission, dependency worked out by claims tribunal is not reasonable and just because it is not supported by any legal evidence on record. He also submitted that the multiplier of 16 applied by claims tribunal is on higher side and award of interest at the rate of 15 per cent on the amount of compensation is also on higher side and, therefore, matter would require interference of this court. He also submitted that there was contributory negligence on the part of deceased to travel on the roof of the bus without obtaining permission from the conductor and thus as per his submission, claims tribunal has failed to decide matter properly and, therefore, matter would require interference of this court.