(1.) By this first appeals, the appellant herein -original opponent No. 4 has challenged the judgment and award dated 23rd April, 2004 passed by the learned M.A.C.T.(Auxi.), Surendranagar in M.A.C.P. No. 750 of 1995, M.A.C.P. No. 27 of 1996, M.A.C.P. No. 732 of 1995, M.A.C.P. No. 475 of 1996 and M.A.C.P. No. 30 of 1996.
(2.) Accident in question occurred on 14th October, 1995. It is the case of the claimants that on the date of accident, they were travelling in S.T.Bus and when the bus reached on Viramgam and Ahmedabad highway, at that time, driver of truck (dumper) came from opposite direction in rash and negligent manner. As a result, one person died and others received injuries. Therefore, legal heirs of the deceased filed claim petition being M.A.C.P. No. 750 of 1995 for getting compensation of Rs. 2,00,000/- and other claimants who received injuries also filed claim petitions being M.A.C.P. No. 27 of 1996, M.A.C.P. No. 732 of 1995, M.A.C.P. No. 475 of 1996 and M.A.C.P. no. 30 of 1996. After recording evidence, learned Tribunal by judgment dated 23rd April, 2004 partly allowed the claim petitions and awarded compensation in favour of the original claimants. Against the said award, original opponent No. 4 has preferred this appeal.
(3.) It is submitted by learned Advocate for the appellant herein -S.T. Corporation that Tribunal has not properly considered and appreciated the evidence on record. It is also submitted that tribunal committed error in holding driver of the truck (dumper) negligent to the extent of 75% and driver of the S.T.Bus negligent to the extent of 25%. It is also submitted that Tribunal ought to have held driver of both the vehicles to be equally negligent. Therefore, it is requested to allow this appeals.