Dismissed

Gujarat State Road Transport Corporation v. Tilakben Dayachand Alias Dineshbhai Zaveri

Gujarat HC8 Feb 2012FA/294/1996

Case brief

AI extract

What is this about?

In this appeal, the Gujarat State Road Transport Corporation challenged an award by the Motor Accident Claims Tribunal allowing a claim for Rs.2,38,000. The High Court held that the Tribunal correctly found sole negligence on the part of the appellant's driver and awarded just compensation, dismissing the appeal.

What did the court decide?

The appeal was dismissed with no order as to costs.

Gujarat State Road Transport Corporation Vs Tilakben… — Motor Accident Claims | Gujarat HC (2012)

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FA/294/1996

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JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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FIRST APPEAL No. 294 of 1996

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For Approval and Signature:

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HONOURABLE MR.JUSTICE KS JHAVERI

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=========================================================

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1^{Whether Reporters of Local Papers may be allowed} to see the judgment ?

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2 To be referred to the Reporter or not ?

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3^{Whether their Lordships wish to see the fair copy} of the judgment ?

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Whether this case involves a substantial question of law as to the interpretation of the 4 constitution of India, 1950 or any order made thereunder ?

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5^{Whether it is to be circulated to the civil judge}

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========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s)

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Versus

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TILAKBEN DAYACHAND ALIAS DINESHBHAI ZAVERI & 2 - Defendant(s)

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=========================================================

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Appearance :

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MR PRANAV G DESAIfor Appellant(s) : 1,
MR MTM HAKIM for Defendant(s) : 1 - 2.
NOTICE SERVED for Defendant(s) : 3,

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=========================================================

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CORAM :HONOURABLE MR.JUSTICE KS JHAVERI

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Date : 08/02/2012

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ORAL JUDGMENT

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1. The appellant-Corporation has preferred the present appeal against the judgment and award dated

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FA/294/1996

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JUDGMENT

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01.08.1995 passed by the Motor Accident Claims Tribunal, Vadodara in M.A.C.P. No.1291/1989 whereby, the claim petition was allowed in part and the respondents, original claimants, were awarded total compensation of Rs.2,38,000/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.

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The aforesaid claim petition was preferred in connection with the vehicular accident involving an ST Bus bearing registration No. GQE 9292. In the said accident, the deceased Mayurbhai sustained severe bodily injuries and died subsequently. The respondents filed claim petition claiming total compensation of Rs.5.00 Lacs.

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The appellant-Corporation has challenged the impugned award mainly on the grounds that the Tribunal has erred in deciding the issues regarding negligence and compensation awarded under the different heads. It is also submitted that the rate of interest awarded by the Tribunal is on the higher side and deserves to be reduced.

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Heard learned counsel for the respective parties. After considering the evidence on record in the form of panchnama of the scene of accident at Exhibit-20 and

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FA/294/1996

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3/3

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JUDGMENT

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the FIR at Exhibit-19, the Tribunal concluded that the accident occurred on account of the sole negligence of the ST bus driver. In my opinion, while recording such finding, the Tribunal has appreciated the evidence on record in its proper perspective and has rightly held the ST bus driver solely negligent for the accident. Having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and also 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 the present appeal.

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For the foregoing reasons, the appeal is dismissed. No order as to costs.

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[K. S. JHAVERI, J.]

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..mitesh..

Gujarat State Road Transport Corporation v. Tilakben Dayachand Alias Dineshbhai Zaveri

Case brief

What is this about?

What did the court decide?

Gujarat State Road Transport Corporation v. Tilakben Dayachand Alias Dineshbhai Zaveri

Case brief

What is this about?

What did the court decide?

What the court decided

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