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2014 DIGILAW 634 (GUJ)

GUJARAT STATE ROAD TRANSPORT CORPORATION v. NAGABHAI BHAGUBHAI AHIR

2014-06-10

RAVI R.TRIPATHI

body2014
JUDGMENT : The present First Appeal is filed by the Gujarat State Road Transport Corporation (hereinafter referred to as `the GSRTC') being aggrieved by the judgment and award dated 15th January 1997 passed by the Motor Accident Claims Tribunal (Main), Kutch at Bhuj in Motor Accident Claim Petition No. 308 of 1996, whereby the Honourable Tribunal was pleased to award the amount of Rs.2,04,500/-with running interest at the rate of fifteen per cent per annum from the date of application till the deposit. 2. The facts giving rise to the claim petition are set out in the application filed under Section 163-A of the Motor Vehicle Act, 1994. Column 5 of the application reads as under: “That on 12-10-95 the deceased was going from Anjar to Nani Chirai in Chhakada. One girl was with him. That around 17-00 hrs., they had got down from the Chhakada at Nani Chirai bus stop. They had crossed the road. At that time the driver of the S.T. Bus No: GJ-1-Z-4805 while in employment of Opponent No.2 – came from Bhachau side with said Bus. He was driving the Bus rashly, recklessly, negligently and at an excessive speed and without observing the rules of the road and – without caring for the safety of users of the road. He lost control over the bus and collided the bus with the deceased. The driver had not blown the horn. The deceased sustained serious injuries and died on the spot. The death of the deceased was caused in the above accident which took place because of sheer negligence of the driver of the S.T. Bus.” In clause 9(1), it is stated that, “Notional income of the deceased Mahadeva Naga Ahir may kindly be computed at Rs.15,000=00 p.a. As per No.6(a) the second schedule of Sec. 163A of M.V. Act, 1994” In clause 9(2), the amount mentioned is Rs.2,00,000/-, and opposite to that figure, it is stated that `being the amount of pecuniary benefits that would have been availed of to the applicants. (Rs.3,00,000=00 – Rs. 1,00,000=00 – 1/3 deducted = Rs.2,00,000=00). Rs.2,500=00 for the loss caused to estate and Rs.2,000=00 being the amount of obsequial ceremonies. 3. (Rs.3,00,000=00 – Rs. 1,00,000=00 – 1/3 deducted = Rs.2,00,000=00). Rs.2,500=00 for the loss caused to estate and Rs.2,000=00 being the amount of obsequial ceremonies. 3. The Tribunal considered the facts of the case, and in paragraph No.3, it observed as under: “In support of the present application, below it, there is an affidavit of Naga Bhagu Ahir as well as the applicants have produced with list Exh. 11, the true copy of charge sheet filed against the driver of the bus in criminal Court as well as the true copy of P.M. report of the deceased. The opponent has produced with list Exh.18, a cutting of a news from Kachchh Mitra dated 13/10/95. Considering the true copy of charge sheet produced by the applicants at mark 11/1, it becomes very clear that in connection with this accident, police case was filed against the bus driver. In it, it is very clearly stated that the driver while driving the S.T. Bus, in question, with full speed rashly and negligently near Nani Chirai bus stand dashed the bus with Mahadeva being the son of the complainant and caused his death. Considering the true copy of P.M. report mark 11/2, prima facie it becomes clear that the deceased Mahadeva died on account of serious head injuries etc. As against this, considering the copy of newspaper Kacchh mitra dated 13/10/95, produced by the opponent at mark 18/1, it appears that in the said newspaper pertaining to the present accident, a news was published and in it it is stated that boy Mahadeva was with his parents and their parents had caught hold of Mahadeva ith their hands but forcibly Mahadeva escaped from the hands of his parents and tried to cross the road and was knocked down by the S.T. Bus.” The Honourable Tribunal also considered the contents of Section 163-A and Section 163-B, and finally pleased to pass the award, which is the subject matter of challenge in this First Appeal. 4. The learned advocate for the appellant strenuously tried to convince the Court that the Tribunal has committed an error in awarding the amount of Rs.2,04,000/-, but to no avail. The Court examined the judgment and award in detail, and considered the submissions made by the learned advocate for the appellant-GSRTC. Having found no substance in the submissions, the appeal fails and the same is dismissed.