Gujarat High Court
Gujarat State Road Transport ... vs Sandipbhai Khalapbhai Ghodiya Since ... on 1 October, 2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3396 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/FIRST APPEAL NO. 3396 of 2024
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
SANDIPBHAI KHALAPBHAI GHODIYA SINCE DECD. THROUGH HIS
FATHER KHALAPBHAI RAVJIBHAI GHODIYA & ANR.
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/10/2024
ORAL ORDER
1. The present First Appeal, under Section 173 of the
Motor Vehicles Act, 1988, is preferred by the appellant/s -
Gujarat State Road Transport Corporation, being aggrieved and
dissatisfied with the impugned common judgment and award
dated 06.08.2024 passed by the Motor Accident Claims Tribunal
(Aux.), Surat in Motor Accident Claim Petition No.119 of 2017,
by which the Tribunal has awarded compensation of
Rs.7,92,000/- with 9% per annum interest to the claimant/s.
2. Brief facts of the case are as under:
2.1 That on 07.02.2015 at 1.00 pm, the deceased was
driving his motorcycle and going towards Karchiliya from
Mahuva. At that time, driver of ST Bus came in rash and
negligent manner and in full speed and dashed with the vehicle
of the deceased, as a result deceased fell down on the road and
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sustained serious injuries and deceased succumbed to death
due to accident. Therefore, the claimant has filed claim petition
seeking compensation with cost against the present respondent
before the Tribunal.
2.2 Notices were served to the opponents. Opponent has
appeared and filed its written statement / objections, by
disputing all the averments made by the claimant in the claim
petition in their written statements.
2.3 The Tribunal has framed the issues. The oral as well
as documentary evidence were led by the rival parties before the
Tribunal. After considering the documentary as well as oral
evidence and submissions made at the bar, the Tribunal has
partly allowed the claim petition by awarding compensation as
noted above.
2.4 Being aggrieved and dissatisfied with the impugned
judgment and award passed by the Tribunal, the present appeal
is preferred by the Gujarat State Road Transport Corporation.
3. Learned advocate Mr.Munshaw for the appellant/s -
Gujarat State Transport Corporation has submitted that
impugned judgment and award is unjust and improper. It is
submitted that learned Tribunal has not considered contributory
negligence of the deceased. Therefore, it is submitted to admit
the appeal.
4. It is noteworthy to mention that the provisions of the
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Motor Vehicles Act, 1988 which gives paramount importance to
the concept of 'just and fair' compensation. It is a beneficial
legislation which has been framed with the object of providing
relief to the victims or their families. Section 168 of the Motor
Vehicles Act deals with the concept of 'just compensation' which
ought to be determined on the foundation of fairness,
reasonableness and equitability. Although such determination
can never be arithmetically exact or perfect, an endeavor should
be made by the Court to award just and fair compensation
irrespective of the amount claimed by the claimants.
5. I have considered the submissions made by learned
advocate for the appellant. I have perused the record and
proceedings of the Tribunal. I have gone through the impugned
judgment and award passed by the Tribunal. Noticeably,
considering reasons given by learned Tribunal in para 9.2 and
9.3 of the judgment, what could be discernible that learned
Tribunal has vividly discussed the issue. ST Corporation has
examined driver who is interested witness. Scene of offence
discern from spot panchanama indicates that there was head on
collusion accident. Since ST Bus was bigger vehicle, it was
expected from the driver of ST Corporation to be careful while
riding on public road and at the same time, it is also expected
from the learned Tribunal to wipe tears of the persons who have
received injuries from road accident or lost life while granting fair
compensation.
6. At this stage, I may refer to judgment of Hon'ble Apex
Court in the case of N.K.V.Bros. (P) Ltd. v/s. Karumai Ammal
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[1980 SC 1354] and in para 3, Hon'ble Apex Court has held as
under :-
"Road accidents are one of the top killers in our country,
specially when truck and bus drivers operate nocturnally.
This proverbial recklessness often persuades the courts, as
has been observed by us earlier in other cases, to draw an
initial presumption in several cases based on the doctrine
of res ipsa loquitur. Accidents Tribunals must take special
care to see that innocent victims do not suffer and drivers
and owners do not escape liability merely because of some
doubt here or some obscurity there. Save in plain cases,
culpability must be inferred from the circumstances where
it is fairly reasonable. The court should not succumb to
niceties, technicalities and mystic maybes."
7. In view of above, ST Corporation cannot escape from its
liability to pay compensation in absence of any cogent evidence.
This Court does not find any illegality in the impugned judgment
and award. The First Appeal and Civil Application stands
dismissed.
8. The Tribunal shall disburse the entire awarded amount
lying in the FDR and/or with the Tribunal, with accrued interest
thereon, if any, to the claimant/s, by account payee cheque /
NEFT / RTGS, after proper verification and after following due
procedure. While making the payment, the Tribunal shall
deduct the courts fees, if not paid, in accordance with rules/law.
9. Record and proceedings, if any, be sent back to the
concerned Tribunal, forthwith.
(J. C. DOSHI,J)
SATISH
