G. S. R. T. Corporation v. Railiben Baijibhai Kalubhai Loli
2011-02-07
M.R.SHAH
body2011
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. The present First Appeal under Section 173 of the Motor Vehicles Act has been preferred by the Appellant-original Opponent No. 2-Gujarat State Road Transport Corporation challenging the impugned judgment and award dated 28/07/1989 passed by Motor Accident Claims Tribunal (Aux.), Panchmahal at Godhara in MACP No. 15/1984. 2. The brief facts giving rise to this First Appeal are that on 18.09.1983, one Motor Truck bearing registration No. GTK 5458 was proceeding from Santrampur to Morva. When the said Truck reached near Tatapur village, one S.T. Bus bearing registration No. GRT-8071 came from the opposite side which was driven by the original opponent No. 1 in a rash and negligent manner as well as in excessive speed and as a result, the driver of the said S.T. Bus did not have control over the S.T. Bus and consequently, dashed with the said Motor Truck. As a result of such head on collision, the said truck turned turtle causing serious injuries to the original claimants. 3. Thereafter, original claimants preferred M.A.C.P. No. 15/1984 before Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhara claiming Rs. 1,25,000/-towards compensation. The said claim petition came to be partly allowed and the original claimants were granted compensation amount of Rs. 1,12,000/- with interest @ 12% p.a. from the date of application till realisation with proportionate costs. It appears that learned Tribunal held that drivers of both vehicles were negligent to the extent of 50%. Being aggrieved by and dissatisfied with the aforesaid judgment and award passed by the Tribunal, the Appellant-original Opponent No. 2-Gujarat State Road Transport Corporation has preferred the present First Appeal. 4. Ms. Vibhuti Nanavati, learned advocate appearing on behalf of the Respondent-Insurance Company has stated that so far as finding of the learned Tribunal on contributory negligence is concerned, now the same is confirmed by learned Single Judge vide his judgment and order dated 01.12.2010 in First Appeal No. 764/1990, which was arising out of common judgment and award passed by the learned Tribunal. 5.
5. Having heard learned advocates appearing for respective parties and considering the judgment and order passed by this Court in First Appeal No. 764/1990, which was arising out of the common judgment and award passed by learned Motor Accident Claims Tribunal in MACP No. 254/1984, it appears that the findings of the learned Tribunal on contributory negligence is confirmed by the learned Single Judge of this Court in the aforesaid First Appeal. 6. In view of the above and even otherwise considering the fact that there is head on collision, it cannot be said that the Tribunal has committed any error and/or illegality in holding Drivers of both vehicles negligent to the extent of 50%. So far as quantum of compensation awarded by the Tribunal in concerned, in my view, award of Rs. 1,12,000/- is just and proper and the same is not required to be interfered with by this Court. The Tribunal awarded future economical loss also considering the income of the deceased and considering the fact that the deceased was aged about 40 years, the Tribunal has awarded future economical loss by applying 15 multiplier, which cannot be said to be on higher side. The Tribunal has also awarded a sum of Rs. 10,000/- for shock and suffering and Rs. 10,000/- for expectation of life. Thus, Tribunal has awarded in all Rs. 1,12,000/-, which in any way cannot be said to be on higher side. 7. In view of the above, the appeal fails and the same deserves to be dismissed and is, accordingly, dismissed. Appeal Dismissed.