FA/991/1986 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 991 of 1986 With CROSS OBJECTION (STAMP) No. 1665 OF 1987 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus MOHMAD SARDAR SHAIKH & 1 - Defendant(s) ========================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1. MR AS YAMANI for Defendant(s) : 1. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/05/2008 ORAL JUDGMENT FA/991/1986 2/4 JUDGMENT 1. This Appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal (Main), Mehsana [for short, “the Tribunal”] in M.A.C.P. No. 175 of 1983 dated 02.09.1985 whereby, the said claim petition was partly allowed. 2.0 The brief facts of the case are that on 30.11.1982, at around 1600 hrs., while the respondent herein and one of his colleagues were going towards Savala Octroi Post, Visnagar, District Mehsana on a motor-cycle, an S. T. Bus belonging to the appellant – Corporation dashed the motor-cycle driven by the respondent from the behind. As a result of the said accident, the respondent sustained severe bodily injuries consequently, had to undergo prolonged treatment. 2.1 Therefore, the respondent filed a claim petition before the Tribunal claiming compensation of Rs.1,00,000/-. In the said claim petition, the opponents filed the written statement. The Tribunal framed the issues. After hearing the parties and on the basis of the evidence on record, the Tribunal partly allowed the claim petition by holding the opponents therein liable to pay an amount of Rs.80,456/- with interest @ 6 per cent per annum from the FA/991/1986 3/4 JUDGMENT date of application till its realization. Being aggrieved by the said award, the appellant has approached this Court by way of this Appeal. 3. Heard learned counsel for the respective parties and perused the documents on record. The Tribunal, on the basis of the oral evidence on record in the form of deposition of the respondent at Exhibit – 26 and the documentary evidence on record in the form of 'panchnama' of the scene of offence at Exhibit – 18 and the complaint at Exhibit – 17, has arrived at the conclusion that the accident in question took place as a result of the rash and negligent driving by the driver of the S. T. Bus. 4. Having gone through the evidence on record, I am of the opinion that the Tribunal was completely justified in holding the driver of the S. T. Bus solely negligent for the accident in question. So far as the aspect of compensation is concerned, the Tribunal has calculated the income under different heads on the basis of the documentary evidence on record. In my opinion, the Tribunal has rightly awarded an amount of Rs.80,456/- with interest as compensation to the respondent. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and hence, find no reasons to FA/991/1986 4/4 JUDGMENT interfere in this Appeal. 5. For the foregoing reasons, the Appeal stands dismissed. No order as to costs. The cross-objection also stands disposed of accordingly. [K. S. JHAVERI, J.] Pravin/*