G S R T C Vs. BHARTIBEN

JUDGEMENT

(1.) HEARD learned Advocate Ms. Mayaben Desai for appellant GSRTC, learned Advocate Mr. Satta for respondent no. 7 Insurance Company and learned advocate Mr. S. M. Shah for respondents claimants.

(2.) BY filing this appeal, appellant corporation has challenged award made by claims Tribunal at Jamnagar in Claim petition No. 121 of 1982 Exh. 82 dated 14. 3. 1988 wherein Claims Tribunal, jamnagar has awarded Rs. 4,50,000. 00 with 10 per cent interest in favour of Claimants.

(3.) CONSIDERING facts as emerging from impugned award, accident occurred on 24th may, 1982 at about 4. 45 a. m. near village dhrol at Jamnagar. One Dr. Dineshchandra g. Parmar was coming from Gandhidham to Jamnagar in ST Bus bearing No. GRT 8356 to attend Court on the day of incident i. e. On 2 4. 5. 82. While ST Bus reached near Dhrol, it collided with truck No. GTY 3396 which was parked on side of road. Due to collision, truck turned on its side with luggage therein. That the left side of st Bus got teared due to this accident and three passengers were injured. Dr. D. G. Parmar died on spot. ST Bus was being driven by opponent No. 1 in rash and negligent manner at the time of accident. That the passengers sitting in bus had also requested driver at Bhachau depot to be slow and diligent in driving but even then, driver did not pay any heed to request of passengers and continued his rash and negligent driving due to which said fatal accident had taken place wherein Dr. D. G. Parmar lost his life and, therefore, claimants filed aforesaid Claim petition wherein Claims Tribunal made aforesaid award which is under challenge in this appeal at the instance of GSRTC.