Bombay High Court
M S R T C Through Divisional ... vs Pandit Uttam Koli And Ors on 22 August, 2022
Bench: S. G. Dige
1 F.A. 732-2009,287-2008,.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 732 OF 2009
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division, Dhule
Depot, Dhule. .. Appellant
(Orig. Respondent No.5)
VERSUS
1. Chiu @Rohini Gabaji Patil,
Age : 8 Years, Occ. Education
(Minor through her Natural
Guardian, Gabaji Pandurang Patil)
Age : 36 Years, Occ. Agricultural,
R/o. Mondhale Pimpari,
Tq. Prola District Jalgaon. ( Orig. Claimant)
2. Kantilal Bhaurao Pagare,
Age : Adult Occ. Driver,
R/o. Plot No.12, Sambhappa
Colony, Dhule, Dist. Dhule (Deleted)
3. Shantaram Daulat Girase
Age : Adult Occ. Truck Owner,
R/o. Waghadi Tq. Shirpur,
District Dhule.
4. United India Insurance Co. Ltd
Notice to be serve upon the
Branch Manager, Dhule Ofce,
Dhule, District Dhule
5. Popat Dayaram Patil,
Age : Adult, Occ. S.T. Bus Driver,
R/o. Talegaon Tq. Chalisgaon
District Jalgaon. .. Respondents
(Orig. Res. No. 1 to 4)
....
Advocate for the appellant : Mr. Afzal Hussain h/f
Mr. D. S. Bagul
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2 F.A. 732-2009,287-2008,.odt
Advocate for respondent No. 1 to 3 : Mr. C.R. Deshpande
Advocate for respondent No.4 : Mr. S. L. Awchar h/f
Mr. A. B. Gatne
....
AND
First Appeal No. 287 of 2008
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division, Dhule
Depot, Dhule. .. Appellant
(Orig. Respondent No.5)
VERSUS
1. Gabaji S/o Pandurang Patil,
Age : 36 Years, Occ. Agricultural
(Died)
2-A Nutan D/o Gabaji Patil @ Nutan W/o Sagar
Ingale, Age : 25 Years, Occ. Household,
R/o. Bidikamgar Nagar, Amrutdham,
Panchawati Nashik.
2-B Rohini D/o Gabaji Patil @ Bharti W/o Hemant
Mahale,
Age : 23 Years, Occ. Household,
R/o. At Post Dindori Dist. Nashik
3. Nutan Gabaji Patil,
Age : 10 Years, Occ. Education
4. Chiu @ Rohini Gabaji Patil,
Age : 8 years, Occ. Education,
(No. 2 & 3 Minor, through Natural
Guardian Res. 1)
All Residents of Mondhale Pimpari
Tq. Parola District Jalgaon ( Original claimant)
5. Kantilal Bhaurao Pagare,
Age : Adult Occ. Driver,
R/o. Plot No. 12, Sambhappa
Colony, Dhule Dist. Dhule
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3 F.A. 732-2009,287-2008,.odt
6. Shantaram Daulat Girase
Age " Adult Occ. Truck Owner,
R/o. Waghadi, Tq. Shirpur
District Dhule
7. United India Insurance Co. Ltd,
Notice to be served upon the
Branch Manager, Dhule Ofce,
Dhule, District Dhule
8. Popat Dayaram Patil,
Age : Adult, Occ. S.T. Bus Driver,
R/o. Talegaon Tq. Chalisgaon
District Jalgaon .. Respondents
(Orig. Res. No. 1 to 4)
....
Advocate for the appellant : Mr. D. S. Bagul
Advocate for respondent No. 2 and 3 : Mr. A.D. Sonar
Advocate for respondent No.6 : Mr. A. B. Gatne
....
AND
FIRST APPEAL NO. 207 OF 2008
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division, Dhule
Depot, Dhule. .. Appellant
(Orig. Respondent No.5)
VERSUS
1. Gabaji S/o Pandurang Patil,
Age : 36 Years, Occ. Agricultural
(Died)
2-A Nutan D/o Gabaji Patil @ Nutan W/o Sagar
Ingale, Age : 25 Years, Occ. Household,
R/o. Bidikamgar Nagar, Amrutdham,
Panchawati Nashik.
2-B Rohini D/o Gabaji Patil @ Bharti W/o Hemant
Mahale,
Age : 23 Years, Occ. Household,
R/o. At Post Dindori Dist. Nashik
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4 F.A. 732-2009,287-2008,.odt
3. Nutan Gabaji Patil,
Age : 10 Years, Occ. Education
4. Chiu @ Rohini Gabaji Patil,
Age : 8 years, Occ. Education,
(No. 2 & 3 Minor, through Natural
Guardian Res. 1)
All Residents of Mondhale Pimpari
Tq. Parola District Jalgaon ( Original claimant)
5. Kantilal Bhaurao Pagare,
Age : Adult Occ. Driver,
R/o. Plot No. 12, Sambhappa
Colony, Dhule Dist. Dhule
6. Shantaram Daulat Girase
Age " Adult Occ. Truck Owner,
R/o. Waghadi, Tq. Shirpur
District Dhule
7. United India Insurance Co. Ltd,
Notice to be served upon the
Branch Manager, Dhule Ofce,
Dhule, District Dhule
8. Popat Dayaram Patil,
Age : Adult, Occ. S.T. Bus Driver,
R/o. Talegaon Tq. Chalisgaon
District Jalgaon .. Respondents
(Orig. Res. No. 1 to 4)
....
Advocate for the appellant : Mr. D. S. Bagul
Advocate for respondent No. 2 and 3 : Mr. A.D. Sonar
Advocate for respondent No.6 : Mr. A. B. Gatne
....
AND
FIRST APPEAL NO. 127 OF 2010
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division, Dhule
Depot, Dhule. .. Appellant
(Orig. Respondent)
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VERSUS
1. Pandit Uttam Koli,
Age : 30 Years, Occ. Labourer,
R/o. Aslod, Tq. Shahada,
Dist. Nandurbar ( Orig. Petitioner)
2. Rampalsingh Malasingh,
Age : Adult, Occ. Driver,
( Dlismissed against opponent No.1
as steps not taken)
3. Smt. Navinderkaur Gurudayalsing Padda,
Age : Adult Occu. Truck Owner,
R/o. 76, Gurunankpura,
Nagpur
4. National Insurance Company Ltd,
Branch manager, Dhule Dist. Dhule
5. Ibrahimkhan Chandkhan
Age : Adult Occu. ST Bus Driver
Maharashtra State Transport Corporation
Dhule Dist. Dhule Respondents
(No.1 orig. Claimant &
2 to 5 orig. respondent)
....
Shri. D.S. Bagul Advocate for the applicant
( Original respondent No.5)
Mr. V. P. Raje h/f Mr. C.R. Deshpande, Advocate for
Respondent No. 1 and 5.
Shri. S. V. Kulkarni Advocate for respondent No.4
Mr. A. D. Sonar Advocate for respondent No.1.
....
AND
FIRST APPEAL NO. 126 OF 2010
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division Dhule
Depot Dhule .. Appellant
( Original respondent No.5)
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VERSUS
1. Holkar Karsan Jawre
Age : 34 Years, Occ. Service,
R/o. Khondamali Tq. Nandurbar
Dlist. Nandurbar ( Orig. Petitioner)
2. Rampalsingh Malasingh,
Age : Adult Occu. Driver
( Dismissed against opponent No.1
as steps not taken)
3. Smt. Navinderkaur Gurudayalsing Padda,
Age : Adult, Occu. Truck Owner,
R/o. 76, Gurunankpura,
Nagpur
4. National Insurance Company Ltd,
Branch Manager, Dhule Dist. Dhule
5. Ibrahimkhan Chandkhan
Age : Adult Occu. ST Bus Driver
Maharashtra State Transport Corporation
Dhule Dist. Dhule Respondents
( No.1 orig. Claimant &
2 to 5 Orig. resp.)
Mr. D. S. Bagul Advocate for the appellant
Mr. V. P. Raje h/f Mr. C.R. Deshpande,
Advocate for respondent No.1
Mr. S. V. Kulkarni, Advocate for respondent No.4
....
FIRST APPEAL NO. 72 OF 2010
Maharashtra State Road Transport
Corporation, Through Divisional
Controller, Dhule Division Dhule
Depot Dhule .. Appellant
( Original respondent No.2)
VERSUS
1. Sau. Anita W/o Ramdas Patil,
Age : 41 Years, Occ. Agriculture,
R/o. Lahan-Shahada, Tq. Shahada,
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7 F.A. 732-2009,287-2008,.odt
District Nandurbar
2. Ramplasingh Malsingh,
Age : Adult, Occu Driver,
( Dsimissed against present
Respondent No.2 as steps not taken)
3. Smt. Navinderkaur Gurudayalsingh Padda,
Age : Adult Occu. Truck Driver
Both R/o 76, Guruhnankpura,
Nagpur, Dist. Nagpur
4. National Insurance Company Ltd
Branch Manager, Dhule
5. Ibrahimkhan Chandkhan
Age : Adult, Occu. ST Bus Driver,
Maharashtra State transport
Corporation Dhule
......
Mr. D. S. Bagul, Advocate for appellant
Mr. S. V. Kulkarni, Advocate for respondent No.4
...
CORAM : S. G. DIGE, J.
Reserved on 15.7.2022
Pronounced on : 22.08.2022
JUDGMENT :-
1. Being aggrieved and dissatisfed by the common
judgment and award passed by Motor Accident Claim Tribunal
Dhule, the appellant original respondent No.5 preferred these
appeals.
Brief facts of the case are as under :-
2. On 22nd March, 2002 at about 8.30 p.m. the
respondents (original claimants) and their relatives were
8 F.A. 732-2009,287-2008,.odt
travelling towards village Amode from Chalisgaon by S.T. bus
bearing No. MH-20-D-2036. When that S.T. bus reached within
the vicinity of Chalisgaon, one truck bearing No. MTS 6970
came from opposite direction in a high and excessive speed
and both S.T. Bus and truck collided with each other i.e. it was
head on collusion. The said accident occurred due to rash and
negligent act of drivers of both the vehicles. In the said
accident, family members of two respondents in First Appeal No.
287 of 2008 and First Appeal No. 207 of 2008 are died whereas
others are injured. The claim petitions were fled before the
Motor Accident Claim Tribunal (for short tribunal) for getting
compensation by legal heirs of deceased and injured persons.
3. Considering the evidence on record and after
hearing the parties, the tribunal has awarded compensation
against the respondents jointly and severally. Against the said
order these appeals.
4. It is contention of learned counsel for the appellant
that tribunal has not considered the evidence brought on
record. There was negligence of truck driver only but the
tribunal has wrongly concluded that it was contributory
negligence of S.T. Bus driver. The income of the respondents-
9 F.A. 732-2009,287-2008,.odt
original claimants have been considered on higher side. Hence
requested to allow the appeals.
5. It is contention of the learned counsel for the
respondent that the tribunal has considered liability of bus
driver and truck driver 50:50% in some matters and 60:40% in
some matters. The amount of compensation given to the
claimants are meager amount. The appellant has challenged
the order of tribunal before this Court by way of First Appeal
Nos. 1019 of 2009 and 2066 of 2010. This Court [Coram : S.V.
Gangapurwala] has dismissed these appeals. The said
judgment has not been challenged by the appellant.
6. I have heard all learned counsel. Perused the
Judgment and award passed by the tribunal. These are six
appeals hence I would deal these appeals one by one.
First Appeal No. 732 of 2009
7. In this appeal, the claimant was injured in the accident
and total compensation amount is granted by the tribunal is Rs.
10,000/-. The liability of the driver of the appellant is held as
40% so the appellant is liable to pay Rs. 4,000/-. It is very
meager amount hence I do not fnd any reason to interfere in
the judgment and order of the tribunal.
10 F.A. 732-2009,287-2008,.odt
First Appeal No. 287 of 2008
8. In this appeal the death is caused of Sarita Patil who was
travelling in the bus of appellant. The tribunal has considered
all the evidence and earning of the deceased Sarita and granted
total compensation of Rs. 2,25,000/-. Thus, the tribunal has
held negligence on the part of the truck driver and bus driver is
60% : 40%. So the appellant is liable to pay Rs. 90,000/-.
First Appeal No. 2087 of 2008
9. In this appeal death is caused of master Vishal, who was
travelling in the bus. He was three years old. Total
compensation of Rs. 1,10,000/- is awarded by the tribunal. The
appellant is held liable for 40% of compensation which comes to
Rs. 44,000/-
First Appeal No. 127 of 2010
10. It is injury claim. Total compensation was awarded Rs.
47,500/- and the driver of the appellant is held responsible in
this matter to the extent of 50%, so appellant is liable to pay Rs.
23,750/-.
First Appeal No. 126 of 2010
11. It is injury claim. Total compensation granted by the
tribunal Rs. 50,500/-. The driver of the bus held responsible to
the extent of 50% so appellant is liable to pay Rs. 25,250/-.
11 F.A. 732-2009,287-2008,.odt
First Appeal No. 72 of 2010
12. It is injury claim. Total compensation amount is granted
Rs. 1,65,500/-. 50% liability is imposed on S.T. bus driver so
appellant is liable to pay Rs. 82,750/-.
13. Considering the evidence on record, led in these appeals,
it appears that learned tribunal has considered all the aspects
and awarded compensation accordingly. Moreover this Court in
two appeals fled by the appellants have confrmed the
Judgment and award of tribunal. The said Judgment has not
been challenged by appellant hence it has attained fnality.
Hence I pass the following order.
ORDER
(i) All the appeals are dismissed.
(ii) No order as to costs.
(iii) In view of dismissal of the appeals, the claimants are
entitled for withdrawal of the amount if not withdrawn by them.
( S.G. DIGE,)
JUDGE
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