Decided on September 16,1983

Mangiben Wd O Lallubhai Holibhai Chaudhari Respondents


B.K.MEHTA - (1.) This group of first appeals together with cross objections and the revision applications arises out of the claims preferred in Motor Accident Claims Petitions Nos. 56 to 61 and 68 of 1977 before the Motor Accident Claims Tribunal Surat. The claim petitions were required to be filed since the labourers sitting in a public career bearing registration No. GTC 3368 carrying timber logs from the forest near Godariya in Ahwa district to village Holi-Amba met with an accident. It appears that all the eight labourers who were employed for the purposes of loading and unloading the truck in question were sitting on the timber-logs loaded in the truck. When the truck approached village Hirawadi Usmanbhai Mohmad who was the driver of the truck and original opponent No. 1 lost control of the vehicle since it is alleged that he was driving in rash and negligent manner with the result that the truck turned turtle and fell on the side of the road. Lallubhai Holibhai who was one of the labourers in the truck and sitting on the top of the logs got crushed under the dead weight of the logs and died instantaneously. The other seven labourers also sustained minor as well as major injuries. The injured labourers and the widow and children of the deceased Lallubhai Holibhai preferred their claim petitions for compensation before the Motor Accident Claims Tribunal at Surat.
(2.) Claim Petition No. 62/77 preferred by the widow and children of the deceased Lallubhai Holibhai was partially allowed by the Tribunal awarding Rs. 21 0 against the aggregate claim of Rs. 40 0 Similarly Claim Petition No. 56/77 by injured labourer Vasantbhai Valiabhai was partially allowed by the Tribunal by awarding Rs. 2 0 against the aggregate claim of Rs. 9999.00. Claim Petition No. 57/77 by injured workman Bhimsingbhai Tanganiabhai Chaudhari was fully allowed by the Tribunal awarding Rs. 20 0 Petition No. 61/77 by injured workman Mankabhai Bhilabhai was partially allowed by the Tribunal by awarding Rs. 2 0 against the total claim of Rs. 15 0 Huseinbhai Ahmadbhai Memon original opponent No. 2 in the aforesaid Claim Petitions being dissatisfied with the aforesaid judgment and award made by the Tribunal has preferred First Appeals Nos. 221 to 224 of 1978. Original claimants have as stated above preferred cross-objections in First Appeals Nos. 221 222 and 224 of 1978. The other claim petitions viz. Claim Petitions Nos. 58 59 and 60 of 1977 and 68 of 1977 were preferred by Vasantbhai Makabhai Chaudhari Rajnibhai Surjibhai Chaudhari Kotwalbhai Makabhai Chaudhari and Gosaibhai Sumanbhai Chaudhari claiming compensation of Rs. 5 0 Rs 15 0 Rs. 4 0 and Rs. 3 0 respectively; Since the Tribunal has granted compensation to these claiments of Rs. 1 0 Rs. 1500.00 Rs. 1 0 and Rs.1500/- respectively Huseinbhai Ahmadbhai Memon-original opponent No. 2 has preferred Civil Revision Applications Nos. 502 to 505 of 1978.
(3.) At the outset in response to the suggestion made by the Court that since the amounts involved in the civil revision applications are so meagre that they must not be pressed as such or by seeking permission to convert them into Special Civil Applications the learned Advocate for the petitioners sought permission to withdraw these civil revision applications which was accorded and the civil revision applications stand disposed of accordingly as withdrawn.;

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