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Gujarat State Road Transport Coporation vs Taraben Wd/O Kantibhai A Darji Defendants

High Court Of Gujarat|18 January, 2012
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JUDGMENT / ORDER

1. By way of this appeal, the appellant has challenged the judgment and award of the M.A.C.T. (Auxi.), Kheda at Nadiad, dated 07.12.1999, whereby the tribunal awarded Rs.2,51,000/- along with interest at the rate of 12 per cent from the date of application, till its realization.
2. Brief facts of the case are as under:
On 25.10.1994, while the deceased- Kantibhai was proceeding on his bicycle towards Petlad, he was dashed by a bus being driven, in a rash and negligent manner, by respondent No.4 and owned by the appellant, herein. As a result thereof, the deceased received severe bodily injuries and expired. The respondent Nos. 1 to 3, hence, being the heirs and legal representatives of the deceased filed the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. Hence, the present appeal.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the appellant and perused the material on record. Though served, none appears on behalf of the respondents. As regards the contentions raised by the learned Counsel for the appellants with regard to the liability, amount awarded by the tribunal towards compensation etc. are concerned, the tribunal has elaborately discussed the evidence in detail, more particularly, the evidence in the form of FIR(Exhibit-17), Panchnama(Exhibit-18), which support the case put forward by the original claimants. I have also gone through the impugned order and I find that the compensation awarded by the tribunal is 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 reason to entertain the present appeal.
5. In the result, the appeal fails and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) Umesh/
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Title

Gujarat State Road Transport Coporation vs Taraben Wd/O Kantibhai A Darji Defendants

Court

High Court Of Gujarat

JudgmentDate
18 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Ashish H Shah