1. By way of this Appeal, the appellant – Insurance Co. has challenged the judgment and award dated 21.4.2005 passed by the Motor Accident Claims Tribunal (Auxi) Ahmedabad in Motor Accident Claims Petition No.474 of 2000 awarding compensation of Rs.2,35,200/ along with interest @ 9% p.a. from the date of petition till realization as well as proportionate costs of the petition.
2. The case of the claimant is that on 28.11.1999, the claimant was travelling in a luxury bus No.RJ27P3479 and at that time one Maruti Van No.GYN 780 came from opposite side and dashed with the luxury bus and therefore, the claimant sustained serious injuries.
3. Learned advocate for the appellant submitted that the Tribunal has wrongly awarded the amount of Rs.2,35,200/ , which is much higer and he also submitted that the appellant challenge the said award by way of First Appeal under Section 173 of the Motor Vehicles Act, which is restricted to a sum of Rs.1,17,600/. He also submitted that the driver of the Maruti van was negligent in driving in its vehicle, but the Tribunal held negligent only the driver of the luxury bus. Therefore, contributory negligence is required to be considered for the vehicles involved in the accident. He submitted that even the Tribunal observed in the award that both the vehicles were collided each other and therefore, the finding of the Tribunal that only driver of luxury bus is solely liable for the accident as well as for the compensation is required to be modified. He also submitted that award passed by the Tribunal is required to be quashed and set aside by allowing this Appeal.
4. I have perused the record of the case as well as impugned award passed by the learned Tribunal. The Tribunal observed at paras 7 and 8 of award, which is reproduced as under :
“7. So far as the factum of negligence is concerned, the injured has deposed at Exh.30 on oath oath that on the date of accident he was travelling in luxury bus on the seat just behind the driver seat and further corroborated the place and timing of the accident between the luxury bus and Maruti car as he was deposed in his deposition. According to him, the opponent No.4 was driving Maruti car. He himself was negligent at the time of accident, whereas luxury bus was in excessive speed and after collusion with Maruti car the bus left the road and dashed with a tree abutting the road whereby the applicant had become unconscious. Thereafter, he has deposed to have gained consciousness during his treatment in Civil Hospital, Gandhinagar on the same night at about 3 to 4 am. He was shifted to Ahmedabad Civil Hospital by his relatives but the doctor being not available he was taken to private clinic of Dr. H.M. Shah. The above facts are corroborated by informant of FIR Shri Rajeshkumar Hasmukhlal Trivedi. The informant was driving Maruti van GVN 780 which collided with the luxury bus. According to him, he is resident of Surat and had gone with his family members to Abu and Ambaji and while returning to Surat, the driver of luxury bus connected in this accident came in excessive speed and dashed on the right side of his Maruti van and the Maruti van was thrown away in a ditch abutting the road. His wife and daughter also sustained injuries and had gone unconscious. His son was seriously injured and had expired on the spot due to heady injury. The description of complaint Exh.33 supported by panchnama Exh.34 drawn by Police Sub Inspector, Daboda Police Station reasonably proves the involvement of the luxury bus driven by the opponent No.1 driver belonging to ownership of opponent No.2 which was injured with opponent No.3 and consequently it is reasonably proved for want of any adverse evidence of the opponent side that the accident had occurred to present applicant on account of negligent and rash driving of the luxury bus by the driver of the luxury bus. The injured was travelling him near Chiloda cross road on the National Highway in the precincts of village Prandia wherein the Maruti car No.GBN 780 was also involved and due to collision with the Maruti car by his driver lost control over the steering of his bus and dashed with a true abutting on the road side causing serious leg fracture injuries to the present applicant. Hence, issue No.1 is determined in affirmative.
8. So far as issue No.2 is concerned, having gone through the documentary evidence and from the depositions of the injured applicant Chandanmal Danmalji Jail Exh.30 and cotraveller Nainmal Chunilal Jain witness No.2 of the applicant Exh.53 reasonably proved that the accident occurred due to rash and negligent driving on the part of luxury bus driving and so far as the involvement of Maruti car is concerned, the driver of Maruti car himself is affected in the same accident. He himself has lodged the complaint Exh.33 stating that the luxury bus driver dashed with him Maruti can on the right side of the car wherein his son expired instantly after the accident and his wife and one daughter were seriously injured. “
5. In view of the above, I am in complete agreement with the findings recorded by the learned Tribunal. I am of the opinion that the learned Tribunal has awarded the amount of compensation of Rs.2,35,200/ is just and proper and so far issue of negligence is concerned, the learned Tribunal has rightly held the luxury bus is liable for the accident. I do not find any substance in the Appeal. Hence, the impugned judgment and award passed by the learned Tribunal is just and proper and same is confirmed. Hence, the Appeal is dismissed with no order to costs.
ynvyas (K.S.JHAVERI,J.)