FA/288/1984 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 288 of 1984 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= GSRTC THROUGH GENERAL MANAGER - Appellant(s) Versus JAYANTILAL SHANKERLAL SONI & 7 - Defendant(s) ========================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, MR DF AMIN for Defendant(s) : 1 - 5. RULE SERVED for Defendant(s) : 6, UNSERVED-EXPIRED (R) for Defendant(s) : 7 - 8. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/03/2008 ORAL JUDGMENT 1. By way of this First Appeal, filed by the S.T Corporation, the Corporation has challenged the judgement and award dated 10.06.82 passed by the Motor Accident Claims Tribunal, PanchMahal at Godhra in MACP No. 546 of 1982 whereby the Tribunal awarded a sum of Rs. 97,000/- by way of compensation payable to the original claimants by the original opponents. 2. The original claimant had filed claim petition FA/288/1984 2/4 JUDGMENT claiming compensation to the tune of Rs. 3,00,000/- in respect of the accident which occurred on 19.04.82 at about 09.00 a.m on the approach road between highway and Godhra bus stand while the original opponent no.1 was driving the S.T bus bearing no. GRT 6790. The bus hit one now deceased Rajeshkumar Soni Yadav when the bus was taken in the Godhra bus stand in a rash and negligent manner. The original claimants who are the widow, daughter, brothers and the parents of the now deceased Rajeshkumar Soni filed claim petition under the said circumstance. The Tribunal after hearing the parties passed the aforesaid award. 3. Learned counsel for the S.T Corporation has contended that the Tribunal has committed an error in awarding Rs. 97,000/- in favour of the claimants. He has contended that the claims Tribunal has erred in considering Rs. 6000/- as dependency benefit of the parents. He has further contended that the Tribunal erred in applying multiplier of 15 when the parents were aged 48 and 45 respectively. FA/288/1984 3/4 JUDGMENT 4. Heard learned counsel for the parties and gone through the materials placed on record including the award of the Tribunal. The Tribunal in para nos. 10, 11 and 12 has gone through the evidence in detail and has come to the conclusion that the S.T corporation cannot be absolved from the liability to pay compensation in respect of the injuries sustained by the original claimant. The Tribunal has taken the age of the now deceased Rajeshkumar as 26 years as per the post mortem notes in absence of any corroborative evidence. 4.1 The Tribunal as per the salary certificate of the now deceased has taken the monthly income to be Rs. 1500/- out of which one third was calculated for parents which was Rs. 6000/- per month. The multiplier of 15 is considered in the present case which in my opinion is just and proper. The Tribunal has gone through the evidence in detail and has come to a conclusion that amount of Rs. 97,000/- is required to be paid by way of compensation. I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and do not see FA/288/1984 4/4 JUDGMENT any reason for interference. 5. In the premises aforesaid, the present appeal is dismissed. No order as to costs. (K.S. JHAVERI, J.) Divya//