Gujarat High Court
Gujarat State Road Transport ... vs Ranubhai Bhanubhai Sabhad (Bharwad) on 24 February, 2025
NEUTRAL CITATION
C/FA/3818/2024 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3818 of 2024
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
RANUBHAI BHANUBHAI SABHAD (BHARWAD) & ORS.
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Appearance:
MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1
MR YASH K KOSHTI(12865) for the Defendant(s) No. 7
NOTICE SERVED for the Defendant(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/02/2025
ORAL ORDER
1. Heard Ms. Sejal K. Mandavia, learned advocate for the appellant and Mr. Yash K. Koshti, learned advocate for the respondent No.7. Though served, none appeared for the respondent Nos.1 to 6.
2. It is the case of the claimants that on 09.11.2017, deceased Dahyabhai Ranubhai Bharwad along with his uncle were coming with cattle from Delwada Ta. Lakhtar, District Surendranagar towards Kathol, Ta. Borsad by walking and when they reached near Vataman crossing, the driver of the S.T. bus No. GJ18 Y 6131 proceeded from back side at an excessive speed and in a rash and negligent manner dashed with the deceased from the back side resultantly, deceased Page 1 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Mar 07 2025 Downloaded on : Fri Mar 07 23:32:01 IST 2025 NEUTRAL CITATION C/FA/3818/2024 ORDER DATED: 24/02/2025 undefined sustained serious injuries and succumbed. The heirs of the deceased filed Motor Accident Claim Petition No.691 of 2017 before the Motor Accident Claims Tribunal (Auxi.), Anand for a compensation of Rs.20,00,000/-. Despite the summons of the claim petition, only the written statement at Ex-13 came to be filed by opponent No.1 - driver. Opponent No.2 - present appellant filed written statement at Exh. 16. After considering the evidence and the submissions canvassed by learned advocates, learned Tribunal partly allowed the claim petition by awarding Rs.20,10,600/- in favour of the claimants and against the opponents with proportionate costs and interest @ 9% per annum from the date of petition till realisation.
3. Being aggrieved and dissatisfied by the impugned judgment and award, opponent No.2 has filed the present appeal.
4. Learned advocate for the appellant submitted that accident had occurred as deceased was found on the middle of the road and it was the sole negligence of the deceased which has resulted into the unfortunate incident. It is further contended that in discharging the burden of proving negligence, no eye-witness has been examined by claimants and on such lacking of evidence, learned Tribunal has erred Page 2 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Mar 07 2025 Downloaded on : Fri Mar 07 23:32:01 IST 2025 NEUTRAL CITATION C/FA/3818/2024 ORDER DATED: 24/02/2025 undefined in arriving at a conclusion that S.T. bus driver was rash and negligent in the occurrence of the accident. The appeal is filed only challenging the award on the ground of negligence attributed on the part of the S.T. bus driver.
5. Respondent Nos.1 to 6, who are original claimants have not appeared and contested this Appeal.
6. Having considered the submissions canvassed by learned advocates for respective parties and considering the material placed on record, the learned Tribunal has observed in the judgment and award that opponents have only filed written statement and denied liability however the driver of the bus bearing No. GJ18 Y 6131 is not examined and the contention of the claimants that driver of the bus was rash and negligent has not been controverted by examining the driver. Learned Tribunal has considered other evidence on record and came to a conclusion that accident is occurred due to sole negligence of the bus driver. In absence of any contrary material, no reason is found in not believing the findings arrived at by the learned Tribunal. No merit is found in challenging the judgment and award. It is needless to observe that mere filing of the written statement and mere raising a contention of non-negligence on the part of the S.T. bus driver is not sufficient to dislodge the theory of the Page 3 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Mar 07 2025 Downloaded on : Fri Mar 07 23:32:01 IST 2025 NEUTRAL CITATION C/FA/3818/2024 ORDER DATED: 24/02/2025 undefined claimants. The best available evidence has been withheld by the appellant.
7. Resultantly, I do not find any reason to interfere in the finding of fact which has been arrived at by the learned Tribunal while deciding the question of negligence. Since the judgment and award is challenged only on the ground of negligence, I do not intend to venture into other heads of compensation awarded by the learned Tribunal. Resultantly, the First Appeal fails and is hereby dismissed accordingly.
8. Record and Proceedings to be sent back to the concerned Tribunal/Court forthwith.
(D. M. DESAI,J) MAYA Page 4 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Mar 07 2025 Downloaded on : Fri Mar 07 23:32:01 IST 2025