Whether Reporters of Local Papers may be allowed to see the judgment ?
To be referred to the Reporter or not ?
Whether their Lordships wish to see the fair copy of the judgment ?
Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
Whether it is to be circulated to the civil judge ?
========================================================= GSRTC
- Appellant(s) Versus BHAILALBHAI AMBALAL PATEL & 1 - Defendant(s) ========================================================= Appearance :
MR HEMANT S SHAH for Appellant(s) : 1, MR DHIRENDRA MEHTA for Defendant(s) : 1 -
2. ========================================================= CORAM :
HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/02/2012 ORAL COMMON JUDGMENT
1. These appeals have been preferred against the common judgment and award dated 14.12.1999 passed by the Motor Accident Claims Tribunal No. 6, at Ahmedabad in M.A.C.P. no. 7/1992 and in M.A.C.P. No. 301/1993, whereby the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs. 1,19,000/- and Rs.2,01,000/- respectively along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 18.11.1991, at around 0330 hours, while the respondent along with two minor children namely Mitesh and Kalpesh were going on their scooter bearing no. GJI - 8098, at a particular place, a S.T. Bus, bearing no. GRR 8267, on account of rash and negligent driving, dashed the scooter, as a result of which minor Mitesh sustained severe bodily injuries and minor Kalpesh expired. The legal heirs of the deceased and injured person, have filed the claim petitions, which came to be partly allowed, by way of the impugned award.
3. Heard learned counsel for the appellant. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the higher side. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain these appeals.
4. For the foregoing reasons, both the appeals and Cross Objections are dismissed. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top