FA/1581/1985 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1581 of 1985 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 ? ========================================================= GUJ STATE ROAD TRANSPORT CORPN - Appellant(s) Versus AYAR KANJI BACHU & 3 - Defendant(s) ========================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1 - 3. MR.HIREN M MODI for Defendant(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1. Though served, none appears for the original claimants. Since the matter is of the year 1985 the same is taken up for hearing. FA/1581/1985 2/4 JUDGMENT 2. This appeal is directed against the judgment and award dated 4th February 1985 passed in Motor Accident Claims Petition No.189 of 1983 by Motor Accident Claims Tribunal, Surendranagar, whereby the Tribunal has awarded a sum of Rs.78500/- to the claimants with proportionate costs and running interest at the rate of six per cent per annum from the date of application till the date of realisation. 3. The respondent no.1 on 31.12.1982 was going to Morwad from Sayla in a tanker bearing No.CTY 4575. He was cleaner in the said tanker. When the tanker had reached near Morwad “T” junction at about 7.30 pm, S.T. Bus bearing No.GRT 8040 came from the rear side and collided with the rear part of the tanker as a result of which the tanker was turtled. After the collision the S.T. Bus went on the extreme left side of the Kutcha road. The present respondent no.1 and others received serious injuries and therefore along with others he had filed Motor Accident Claim Petition No.189 of 1983 before the learned MACT, Surendranagar, which passed the aforesaid award. The said award is challenged by the appellant Gujarat State Road Transport Corporation by way of this appeal. 4. Learned Advocate for the appellant contended that though the accident has occurred due to the negligence of both drivers of the vehicle in question, the Tribunal has erroneously held that the FA/1581/1985 3/4 JUDGMENT driver of the S.T. Bus was responsible for the accident. He next contended though the disability is of only 30%, the Tribunal has taken the same at 50% and instead of 13 multiplier, the multiplier of 15 was applied. 5. As regards the contention of negligence on the part of the driver of the S.T. Bus is concerned, the Tribunal has clearly recorded a finding that the driver of the Tanker bearing No.GTY 4575 had taken a turn towards right hand side of the road after giving a signal and the driver of the bus did not blow horn of the bus and that after dashing the tanker the S.T. Bus has dashed with a tree on the left hand side of the road. It clearly indicates the rash and negligence of the driver of the S.T. Bus. I am, therefore, in complete agreement with the finding of the Tribunal on this aspect. 6. The income of the claimant was assessed at Rs.500/- per month and according to the Tribunal the disability was of 30%. However, while deducting the amount from the income the disability was taken at 50%, which is clearly erroneous. Further, after finding that the multiplier should be 13, the Tribunal has applied multiplier of 15. 7. If the disability is taken at 30%, then the monthly loss would come to Rs.150 and the annual loss would come to Rs.1800/-. By taking multiplier of 13, FA/1581/1985 4/4 JUDGMENT the total loss will be Rs.23,400/-, whereas the Tribunal has awarded Rs.45,000/-. Therefore the Tribunal has clearly erred in awarding excess amount of Rs.21,600/-. On the facts and circumstances the Tribunal ought to have awarded a total sum of Rs.56,900/- only and therefore the present appeal requires to be allowed to that effect. 8. In the premises the appeal is partly allowed. The impugned judgement and award of the Tribunal is modified to the effect that the original claimant will be entitled compensation in the sum of Rs.56,900/- instead of Rs.78,500/-. The rest of the award is not disturbed. If the amount as awarded is lying in fixed deposit, the excess principal amount shall be refunded to the appellant. Decree shall be drawn accordingly. Orders accordingly. [K.S. JHAVERI, J.] ar