1. By way of this appeal, the appellant has challenged the judgement and award dated 12.03.1998 passed by the Motor Accident Claims Tribunal (Main) at Rajkot in MACP No. 731, 732 & 719 of 1992 whereby the Tribunal awarded an amount of Rs. 80000/-, 80000/- and 9000/- respectively along with interest.
2. These appeals arise out of a common award passed against the same accident which occurred on 06.06.1992 in a vehicular accident which involved an S.T bus bearing registration no. GJ1Z-1951 in which the claimants were travelling and a public carrier bearing registration no. GJ-3-T-2999. Under the said circumstances, the claimants filed claim petition. The Tribunal after hearing the parties passed the aforesaid award.
3. Ms.
Vasavdatta Bhatt, learned advocate appearing for the appellant Corporation submitted that the Tribunal erred in awarding compensation by holding the appellant solely responsible for the payment. She submitted that the Tribunal has imposed full liability of the compensation of the appellant and that the appellant cannot be held 100% liable for payment of compensation. She has submitted that the Tribunal committed an error in giving advantage of the error committed by the claimants themselves in deleting the other tort feasor.
4. Mr.
Kakkad, learned advocate appearing for the respondent requested for time. Though the matter was listed time and again right from 01.12.2011, an endeavour is made to adjourn the matter on the ground of non availability of R & P. This Court is not inclined to grant any further adjournment considering the fact that the matter is of the year 1998 and when the matters of the year 2004-2005 are being taken up for hearing.
4.1 Mr.
Kakkad, however, supported the award passed by the Tribunal and submitted that no interference is called for as the same is passed after considering the evidence on record. He however could not controvert the submissions regarding deletion of one of the tort feasors by the claimants themselves.
5. As a result of hearing and perusal of records, this Court is of the opinion that the error committed by the Tribunal is very apparent. It cannot be justified by any stretch of imagination that when the claimants have deleted the owner of the public carrier, the entire liability should be fastened upon the appellant. For the wrong of the claimants, the appellant cannot be made to suffer. The appellant should not fastened with the liability of the entire compensation but only to the extent of which the appellant is liable. Therefore the decree against the appellant is required to be modified.
6. Accordingly, appeals are partly allowed. The appellant corporation shall be liable to pay compensation only to the extent of their contributory negligence. The rest of the amount, if deposited, shall be refunded to the appellant. The award impugned in these appeals is modified accordingly.
(K.S.
JHAVERI, J.) Divya// Top