FA/2133/1983 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2133 of 1983 With Cross Objection No. 90 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= HARIBHAI PUSHKANTBHAI & 2 - Appellant(s) Versus SOBHABEN WD/O YOGESHKUMAR SUBODHCHANDRA SHAH & 4 - Defendant(s) ========================================================= Appearance : MR KF DALAL for Appellant(s) : 1 - 3.MR MAULIK J SHELAT for Appellant(s) : 3, MR MANAV A MEHTA for Defendant(s) : 1 - 2. NOTICE SERVED for Defendant(s) : 3 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/03/2008 ORAL JUDGMENT 1. By way of First Appeal No. 2133 of 1983, filed by the original opponent nos. 1 to 3, they have challenged the judgement and award dated 28.02.83 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP No. 80 of 1982 whereby the Tribunal awarded a sum of Rs. 3,83,500/- by way of compensation payable to the original claimants by the original opponents. FA/2133/1983 2/5 JUDGMENT 2. Cross Objection No. 90 of 2007 has been filed by the original claimants to the extent of enhancement of the compensation amount. 3. The original claimants had filed claim petition claiming compensation to the tune of Rs. 5,00,000/- in respect of the accident which occurred on 10.10.81 at about 9.00 pm on the road leading to Shahjanand College opposite Ambar Apartment while the original opponent no.4 was driving the scooter bearing no. GRL 2367. At that time, on the same road, the original opponent no.1 was driving his motor cycle and proceeding in the same direction. When the two vehicles reached near Ambar Apartment, the original opponent no.1 without any reasonable cause and without any indication or signal turned his motor cycle towards the right thereby ignoring the scooter of the now deceased coming in close proximity from behind. As a result of the same, the driver of the scooter found a sudden obstruction and he applied brakes to the scooter. Both the vehicles alongwith the passengers were thrown off and the now deceased FA/2133/1983 3/5 JUDGMENT Yogeshkumar received head injuries. He finally succumbed to his injuries. The original claimants who are the widow, minor son and the father of the now deceased Yogeshkumar filed claim petition under the said circumstance. The Tribunal after hearing the parties passed the aforesaid award. 4. Learned counsel for the original opponent no.1 has contended that the Tribunal has committed an error in holding that the now deceased received injury as a result of the accident that occurred because of the negligent driving of the original opponent no.1. He has further contended that the Tribunal has erred in not holding that the scooter driver-original opponent no.4 was also negligent and that too to a greater extent as it is more the duty of the rear vehicle to watch the movements of the front vehicle. 5. None appears for the original opponent nos. 2 & 3. 6. Heard learned counsel for the parties and gone FA/2133/1983 4/5 JUDGMENT through the materials placed on record including the award of the Tribunal. The Tribunal in para nos. 9 and 10 has gone through the evidence in detail and has come to the conclusion that the original opponent no.1 alone is responsible for the occurrence of the said accident and therefore he cannot be absolved from the liability to pay compensation in respect of the injuries sustained by the original claimant. 6.1 As far as the amount of compensation is concerned, the Tribunal has assessed the income of the deceased at Rs. 3000/- per month including the increase of income which might have taken place in future. I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and do not see any reason for interference in the award. 7. In the premises aforesaid, First Appeal No. 2133 of 1983 is dismissed. In view of the aforesaid reasonings and the order passed in First Appeal No. 2133 of 1983, Cross Objection No. 90 of 2007 is also dismissed. No order as to costs. FA/2133/1983 5/5 JUDGMENT (K.S. JHAVERI, J.) Divya//