Gujarat State Road Transport ... vs Ranubhai Bhanubhai Sabhad (Bharwad)
2025 Latest Caselaw 3331 Guj

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

                       ==========================================================
                                    GUJARAT STATE ROAD TRANSPORT CORPORATION
                                                      Versus
                                    RANUBHAI BHANUBHAI SABHAD (BHARWAD) & ORS.
                       ==========================================================
                       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
                       ==========================================================

                         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

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C/FA/3818/2024 ORDER DATED: 24/02/2025

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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

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C/FA/3818/2024 ORDER DATED: 24/02/2025

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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

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C/FA/3818/2024 ORDER DATED: 24/02/2025

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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