FA/974/1989 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 974 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 ? ======================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus BABUBHAI CHIMANLAL PARIKH & 1 - Defendant(s) ======================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, MR SN SHELAT for Appellant(s) : 1, MR MC BHATT for Defendant(s) : 1, SERVED BY RPAD - (N) for Defendant(s) : 2, ======================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 22.12.1988 passed by the FA/974/1989 2/4 JUDGMENT Motor Accident Claims Tribunal (Auxiliary), Panchmahals at Godhra (for short, “the Tribunal”) in M.A.C.P. No.87 of 1985, whereby the said petition was partly allowed and the original opponents were directed to pay an amount of Rs.1,20,000/- to the original claimant along with interest @ 12 per cent per annum from the date of the application till realization. 2. The brief facts as emerging from the record are that on 02.10.1984, the original claimant was travelling as bonafide passenger in the S.T. Bus bearing Registration No.GRT 8147, which was driven by the original opponent no.1 with a rash and negligent. Since the driver could not control the bus, same fell into the ditch and over turned. As a result of that, the claimant received injuries. The claimant filed claim petition before the Tribunal claiming compensation of Rs.1,72,000/-. Ultimately, the Tribunal, by impugned judgment and award, partly allowed the said claim petition as mentioned above. FA/974/1989 3/4 JUDGMENT Hence, the present appeal. 3. Learned counsel for the appellant has contended that while travelling, the bus has gone into ditch and over turned and, hence, the passengers sustained injuries. However, the amount awarded by the Tribunal is on higher side and, hence, said amount is required to be reduced. 4. I have heard the learned counsel appearing for the respective parties. I have also gone through the impugned judgment delivered by the Tribunal. After considering the evidence led before the Tribunal and the injuries sustained by the claimant, the Tribunal has awarded Rs.1,20,000/- as compensation to the claimant. The Tribunal has also relied upon the judgments reported in ACJ 1980 55 (SC) in the case of M/s.Concord of India Insurance Co. Ltd. V/s. Nirmala Devi & Ors., XIX GLR 492 in the case of Babu Mansa V/s. Ahmedabad Municipal Corporation & Ors., XIX GLR 721 in the case of Amul Rameshchandra Gandhi V/s. Abasbhai Kasambhai Diwan & Ors., XIX GLR 820 FA/974/1989 4/4 JUDGMENT in the case of Union Co-Opearative Insurance Society Ltd. V/s. Bhartiben wd/o Hasmukhlal Narmadashankar & Ors., XIX GLR 850 in the case of Chaturji Amarji & Ors. V/s. Ahmad Rahimbux & Ors. In my opinion, the said awarded amount is just, legal and proper and the Judgment and Award does not call for any interference. 5. In view of the above, since there is no substance in any of the arguments advance by the learned counsel for the appellant, this appeal is required to be dismissed. 6. In the result, the appeal is dismissed with no order as to costs. Sd/- (K.S.JHAVERI, J.) /patil