This First Appeal is at the instance of the owner of the offending vehicle and is directed against an award dated January 30, 2002 passed by the Motor Accident Claims Tribunal (Aux.), Court No.7, Ahmedabad city in MACP Case No.81 of 1993 thereby awarding a sum of Rs.8,55,200/- as compensation with interest at the rate of 9% per annum from the date of filing of the petition till realisation. 2. Being dissatisfied, the owner of the offending vehicle has come up with the present appeal.
3. According to the claimants, while the victim was travelling on his bicycle in the left side of road, the offending ST Bus driven by opponent No.1 came in full speed in rash and negligent manner and dashed the said bicycle, as a result, the deceased was thrown out of the road with his bicycle and, ultimately, died. The claimants contended that the victim was 45 years of age at the time of accident and was hale and hearty. The victim was working in Sabarmati Power House and used to earn Rs.8,700/- a month. In view of such facts, the claimants claimed a sum of Rs.10 lakh as compensation. The opponent No.2, namely, the State Road Transport Corporation alone contested the proceeding by filing written statement thereby contending that the concerned bus was not at all involved in the said accident. It was further contended that the bus was going on the left side of the road by blowing horn and there was traffic police. It was contended that although the bus had proceeded through the said spot of accident but, at the relevant point of time, the bus never crossed that point and as such, the story of accident narrated by the claimants is not correct and at least the concerned bus was not involved in the accident.
4. At the time of hearing, the widow of the victim and one eyewitness gave evidence. It appears that on the very date of accident, a criminal complaint was also lodged thereby mentioning the number of the offending vehicle. In spite of service of notice, neither the driver nor any of the conductor nor any other officer of the Corporation came forward to depose justifying their defence. Even no oral or documentary evidence could be produced indicating that the allegations of the claimants are not true and that the bus could not be involved in the accident having regard to the time at which it departed from the depot or arrived at the destination.
5. The learned Tribunal below, on consideration of the materials on record, including the deposition of eyewitness, believed the version of the claimants and negatived the contention of the Corporation that its bus was not involved.
6. The witness for the claimants, having proved the salary of the deceased and also having proved the age, the Tribunal was of the view that it was a fit case of application of multiplier of 12 because the victim had still more than 12 years of service left. By application of multiplier of 12, the amount of dependency loss came to Rs.8,35,200/- and, over and above the said amount, the Tribunal also awarded further sum of Rs.10,000/- under the head of loss to the estate and Rs.10,000/- for pain, shock and suffering and, thus, the total amount of Rs.8,55,200/- was awarded as compensation.
7. On consideration of the above materials on record, I find that the driver of the offending vehicle having failed to appear at the witness box to face cross-examination of the claimants, it is a fit case where I should approve the findings of the Tribunal below as there was no justification of disbelieving the disinterested eyewitness. Moreover, although the driver was the best witness who could disclose the real facts, yet no explanation has been given for withholding the best witness.
8. Thus, for withholding the best witness and relevant documents which could justify the defence of the Corporation, I find no reason to interfere with the findings recorded by the Tribunal. The amount of compensation is also quite reasonable having regard to the amount of income of the deceased and his age.
9. The appeal is, thus, devoid of any substance and is consequently dismissed. No order as to costs.
zgs/-
(BHASKAR BHATTACHARYA ,CJ.)