- (1.)This appeal is at the instance of owner of the offending vehicle, namely the Gujarat State Road Transport Corporation and is directed against an award dated 5th May, 2001 passed by the Motor Accident Claim Tribunal (Aux.), Bhavnagar in Motor Accident Claim Petition No.126 of 1996, thereby, disposing of the said application by awarding a sum of Rs.9,50,000/- as compenstaion.
(2.)The following facts are not in dispute.
2.1 The claimant is the driver of a Maruti Van which met with the accident with a bus owned by the appellant coming from opposite direction; as a result of head-on-collision, one of the passengers of the Maruti Van died and the claimant of this application sustained serious injury.

(3.)There is no dispute that the claimant was aged 36 years at the time of accident and it has been established from evidence on record that he had a driving license and was also the owner of a Motor Garage, where he used to repair motors, scooters, etc. The license of running such Motor Garage has been exhibited and at the same time, the rent receipt showing that the claimant took the garage on rental basis has also been proved. According to the claimant, he used to earn Rs.3500/- to Rs.4000/- from his business of such Motor Garage.