Gujarat High Court
Gujarat State Road Transport ... vs Sarojdevi Lallansing Pal on 23 April, 2025
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C/FA/4611/2024 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4611 of 2024
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GUJARAT STATE ROAD TRANSPORT CORPORATION
Versus
SAROJDEVI LALLANSING PAL & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 23/04/2025
ORAL ORDER
1. Heard learned advocate Mr. H. S. Munshaw for the
appellant. Though served, learned advocate Mr. Hemal
Shah appearing for respondents remained absent. Perused
the record.
2. The challenge in the present appeal is by the appellant -
S.T. Corporation challenging the judgment and award
dated 26.9.2024 passed by learned Motor Accident Claims
Tribunal (Main), Bharuch in M.A.C.P. No.409 of 2017.
3. The facts in brief of the case are as under:
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C/FA/4611/2024 ORDER DATED: 23/04/2025
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* On 9.9.2017, deceased Ajaysingh Lallansingh
was going on his bike bearing registration No.GJ-3BH-
5783 on the left side of road in a moderate speed and
when he reached near the place of accident, opponent
No.1 driver of ST Bus No.GJ-18Z-0343 came in a rash and
negligent manner and dashed with the bike. Resultantly,
the deceased sustained serious injuries and died on the
spot.
* Claimants being the legal heirs of the
deceased filed claim petition for a compensation of
Rs.10,00,000/- from the opponents. Opponents were
served with summons. Opponent no.1 did not remain
present though served with summons while opponent
No.2 contested the claim petition by filing Written
Statement at Exh.17. After framing of issues, claimant
No.1 - widow of deceased submitted her deposition at
Exh.19 and produced FIR, Panchnama, PM report, and
other documents in support of claim petition.
* After considering the evidence, learned
Tribunal partly allowed the claim petition by directing
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C/FA/4611/2024 ORDER DATED: 23/04/2025
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opponents to pay an amount of Rs.14,93,900/- to the
claimants with interest @ 9% p.a. from the date of
application till realisation.
* Being aggrieved and dissatisfied with the
impugned judgment and award, the appellant - ST
Corporation has filed the present appeal.
4. Learned advocate for the appellant has submitted that the
impugned judgment and award is not just and reasonable.
It is submitted that the learned Tribunal has erred in
holding driver of ST bus solely negligent in the occurrence
of accident. Panchnama and the FIR also indicate that the
driver of ST bus was not rash and negligent. It is further
submitted that in absence of any evidence with regard to
income of deceased, learned Tribunal has erred in arriving
at conclusion that deceased was earning Rs.9,000/- per
month and further in adding 40% as prospective income.
As per the Statement of Claimant No.1, deceased was
aged about 18 years and looking to the evidence on
record, the compensation awarded is unreasonable and on
the higher side. It is further contended that the insurance
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C/FA/4611/2024 ORDER DATED: 23/04/2025
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company of the motorcycle was not joined in proceedings
and therefore the impugned judgment and award be
quashed and set aside.
5. I have considered the submissions canvassed by the
learned advocates for the respective parties and perused
the Record & Proceedings. It appears that the notice of
claim petition was served upon the driver of the ST bus,
however, the driver of the ST bus was the best person to
depose with regard to the occurrence of accident, did not
defend claim application and narrated the facts with
regard to occurrence of accident. The driver has not even
contradicted the statements made by claimant in her oral
deposition as well as not come forward and explain as to
who was negligent in the occurrence of accident.
6. Undisputedly, FIR and Charge-sheet were filed against the
driver of the ST bus. In absence of any contrary evidence,
learned Tribunal has rightly held driver of ST bus negligent
and awarded compensation. So far as question raised with
regard to income of deceased, learned Tribunal has
considered rates of minimum wages and has rightly added
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C/FA/4611/2024 ORDER DATED: 23/04/2025
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40% as prospective income and multiplier of 18 looking at
the age of deceased. As nothing contrary could be pointed
out by learned advocate for the appellant to interfere in
the finding of learned Tribunal, I do not find any reason to
disturb the finding.
7. In view of above, the present First Appeal requires to be
dismissed. Accordingly, it is dismissed. Interim Relief, if
any, stands vacated forthwith. No order as to costs.
8. Record and Proceedings, if any, be sent back to the
concerned Court / Tribunal, forthwith.
(D. M. DESAI,J)
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