FA/1213/1986 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1213 of 1986 With CROSS OBJECTION No.54 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ?-No. 3 Whether their Lordships wish to see the fair copy of the judgment ?-No. 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 ?-No. 5 Whether it is to be circulated to the civil judge ?-No. ========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus RAHIMABIBI WIDOW OF HABIBMIYA USMANMIYA SAIYAD & 8 - Defendant(s) ========================================================= Appearance : MR MD PANDYA for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1 - 7. - for Defendant(s) : 8 - 9. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 13/05/2008 ORAL JUDGMENT 1. By way of this appeal, the appellant-Gujarat State Road Transport Corporation, original opponent no.2 has challenged FA/1213/1986 2/3 JUDGMENT the judgment and order dated 8/1/1986 passed by the Motor Accident Claims Tribunal (Main) at Mehsana in the Motor Accident Claim Application No.603 of 1982 whereby the Motor Accident Claims Tribunal has partly allowed the application and awarded the amount of compensation of Rs.95,000/- with interest at the rate of 6% per annum from the date of the application till the date of realization with proportionate costs. 2. The facts in brief leading rise to filing of the appeal are as under: 2.1) On 27/5/1982, while Shakirali was going on a Moped Scooter with Habibmiya as a pillion rider, an ST Bus belong to the appellant corporation dashed the scooter near Kalol. As a result of the said accident, both were seriously injured. Shakirali died on the spot and Habibmiya also died subsequently. Hence widow of Habibmiya and others, present petitioners have filed this claim petition to recover amount of compensation of Rs.3,00,000/-. 2.2) On completion of the pleadings, the Tribunal has awarded the compensation of Rs.95,000/- in MACP Case No.603 of 1982 as stated above. Hence, this appeal. 3. Heard the learned counsel for the respective parties and FA/1213/1986 3/3 JUDGMENT perused the documents on record. The main contention raised by the appellant is with regard to the aspect of negligence and quantum of compensation. The Tribunal, after considering the evidence, more particularly panchnama of the place of accident, has held in para 13 that the accident had occurred because of rash and negligent driving by the driver of the ST Bus. The Tribunal has discussed the entire findings on record in detail and nothing is pointed out from the record to take a contrary view in the matter. So far as the amount of compensation is concerned, the amount awarded by the Tribunal is just and proper. No other contention is raised by the learned advocate for the appellant. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal. No case is made out to interfere. Hence, the appeal deserves to be dismissed. 4. For the foregoing reasons, the appeal is dismissed. No order as to costs. 5. In view of the appeal is disposed of, Cross Objection No.54 of 2008 will not survive. Hence, Cross Objection No.54 of 2008 also stands disposed of. (K.S.Jhaveri, J.) (ila)