FA/381/1990 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 381 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION LTD. - Appellant(s) Versus KAILASHCHAND BHERUMAL SONI & 2 - Defendant(s) ========================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, None for Defendant(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/03/2008 ORAL JUDGMENT 1. This appeal is directed against the judgement and award dated 26.07.89 passed by Motor Accident Claims Tribunal (Auxilliary), Baroda, in Motor Accident Claim Petition No.396 of 1985 whereby the Tribunal directed the original opponent nos. 2, 3 and 4 to jointly and/or severally pay a compensation of Rs. 49,000/- with interest at the rate of 12% per annum and cost of Rs. 700/-. 2.0 The short facts of the case are as under: 2.1 The original applicant-present appellant had filed a claim petition seeking compensation of Rs. FA/381/1990 2/3 JUDGMENT 1,25,000/- for the damage caused to the bus when the truck owned the original respondent no.2 and driven by original respondent no.1 collided with the bus of present appellant thereby causing damage. The appellant corporation therefore filed claim petition seeking compensation wherein the Tribunal passed the aforesaid award. 3. Learned Advocate appearing for the appellant submitted that the Tribunal has committed an error in not believing that the say of the bus driver that he was slow in speed in driving on the left hand side of the road. He has further contended that the Tribunal ought to have held that there was adequate documentary evidence to substantiate the claim of the appellant corporation for payment of entire amount claimed. 4. As a result of hearing and perusal of the record this Court is of the view that there is sufficient evidence on record to show that the accident in question has taken place due to the negligence of the driver of the truck as well as the driver of the bus. The Tribunal has gone through the records in detail and has come to the conclusion that the original respondents no. 2 & 3 are liable to pay the amount of compensation to the tune of Rs. 49,000/-. Learned advocate for the appellant was not able to point out any evidence in order to take a view different from the one taken by the Tribunal. Therefore, the amount of compensation awarded to the appellant corporation FA/381/1990 3/3 JUDGMENT is in consonance with the evidence on record and the provisions of law. In that view of the matter, this Court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore no interference is called for in the matter. This appeal therefore deserves to be dismissed. 5. In the premises aforesaid, appeal is dismissed. No order as to costs. [K.S. JHAVERI, J.] Divya//