1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Auxi), Ahmedabad in Motor Accident Claims Petition No.174 of 1988, whereby the Tribunal has awarded Rs.1,96,300/- to original claimant with running interest at the rate of 12% p.a. from the date of the application till its realization.
2. The facts of the case is that on 10.02.1988, original applicant was travelling by AMTS bus No.GRU-8569 and had taken a seat on right side. The said bus was driven by original opponent No.4 in a rash and negligent manner and at that time, one truck No.GRD-3155 driven by original opponent No.1 came from opposite direction and dashed with the bus. As a result, the applicant sustained injuries. Therefore, the applicant filed claim petition being Motor Accident Claims Petition No.174 of 1988 before the Motor Accident Claims Tribunal(Auxi), Ahmedabad for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in not determining the percentage of liability of both the drivers, involved in the accident.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. It appears from the record that the Tribunal has not decided the issue of contributory negligence between the drivers of the truck and the bus. However, considering the facts of the case and evidence produced on record, it is clarified that the negligence between drivers of the truck and the bus shall be composite. The evidence on record does not lead this Court to any other conclusion than to record that negligence between the two drivers shall be composite. Since, learned advocate for the appellant has assailed the award only on the above issue, this Court is not recording any findings, so far as other aspects of the case are concerned.
8. In view of the above, the appeal is partly allowed and it is observed that the negligence between the drivers of the truck and the bus shall remain composite. The impugned award stands modified to the aforesaid extent. The appeal stands disposed of accordingly.
9. It shall be open to the claimants to recover the balance amount from the other tort-feasor.
..mitesh..
[K.S.JHAVERI, J.]