FA/239/1989 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 239 of 1989 With FIRST APPEAL No. 240 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI Sd/- ======================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ======================================================= GUJ STATE ROAD TRANSPORT CORPN - Appellant(s) Versus PATEL KANTILAL SOMNATH & 3 - Defendant(s) ======================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1 - 3. MR KF DALAL for Defendant(s) : 4, ======================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1. Though served, none appears for the original claimants. Since the matter is of the year FA/239/1989 2/4 JUDGMENT 1989, the same is taken up for hearing. 2. By way of filing these appeals, the State Corporation has challenged Judgment and Award dated 25th March, 1988 passed in M.A.C.P. Nos.227/1991 and 271/1981 by the Motor Accident Claims Tribunal (Auxiliary), Mehsana (for short, “the Tribunal”), whereby the Tribunal has awarded a sum of Rs.1,50,000/- and 1,00,000/- respectively with proportionate costs thereon and interest @ 12% per annum from the date of application until its payment to the claimants. 3. The brief facts as emerging from the record are that on 20.08.1981 at 8:15 a.m., when Dr.Rasiklal Keshavlal Patel was proceeding on his scooter along with Kantilal Somnath Patel, who was pillion rider, one S.T.Bus bearing No.8346 was driven in rash and negligent manner and dashed with the scooter of the claimant resulting into the accident and injuries to the claimants. The claimants filed Claim Petition Nos.227/1981 and 271/1981 before the Tribunal, which passed FA/239/1989 3/4 JUDGMENT the aforesaid award. Being aggrieved by the said award, the appellant-Gujarat State Road Transport Corporation by way of these appeals. 4. Learned counsel for the appellant, Mr.Hardik Raval has contended that the Tribunal has committed an erred in passing the impugned judgment and award. It is contended that the compensation awarded under the head of pain, shock and suffering and under the head of economic loss is inconsistent with the evidence led by the claimant. Learned counsel has submitted that the future loss of income and multiplier of 16 awarded by the Tribunal is also on the higher side. Hence, the impugned award passed by the Tribunal deserves to be quashed and set aside. 5. Heard learned counsel for the appellant. I have gone through the documents placed on record including the award of the Tribunal. The Tribunal has considered the oral and documentary evidence and has concluded that the accident occurred due to rash and FA/239/1989 4/4 JUDGMENT negligent driving of the bus by original opponent no.1. The Tribunal thereafter calculated the quantum of compensation on basis of the future monthly income of the claims and accordingly passed the award. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, hence, find no reason to interfere with the same. Hence, the appeals deserve to be dismissed. 6. In the result, the appeals are dismissed. There shall be no order as to costs. Sd/- (K.S.JHAVERI, J.) /patil