GUJARAT STATE ROAD TRANSPORT CORPORATION Vs. SURYAKANTABEN D ACHARYA

JUDGEMENT

(1.) Admit. Service of which is waived by learned Advocate Mr. Bhatt on behalf of respondent Nos. 1 to 5. Leave to delete respondent No. 6 - driver of the bus. In view of the peculiar facts and special circumstances and the urgency in the matters, upon joint request, we have agreed to hear and dispose of the matter on merits since record and proceedings are also available with us.

(2.) In course of hearing of these appeals, our attention was drawn that the original claimants have also preferred appeal No. First Appeal Stamp No. 1501 of 2000 on behalf of the original claimants in First Appeal for enhancement of compensation by learned Advocate Mr. Bhatt. Therefore, upon report from the Registry, the said appeal is also ready and as no office objections are there, we called for hearing of the appeal. Therefore, learned Advocate for the appellant in the First Appeal Mr. Desai appeared for opponents. In the circumstances, First Appeal Stamp No. 1501 of 2000 is also tagged together with the First Appeal and both of them are, jointly, heard and since they arise from one and common judgment and award and also accident, upon request they are being disposed of by this common judgment by us.

(3.) Obviously, both the appeals are filed invoking aids of the provisions of Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the new Act') and both the appellants have challenged the amount of compensation. In First Appeal like that P.A. No. 2381 of 2000 at the instance of the Gujarat State Road Transport Corporation, original opponent in M.A.C.P. No. 206 of 1994 the appellant has challenged the quantum and restricted the challenge to the extent of Rs. 4 lakhs whereas in the second appeal at the instance of the original claimants, they have preferred appeal for enhancement of the amount of compensation. However, in appeal it is restricted to Rs. 1,50,000/-. So the gist of both appeals as arising out of the amount of compensation claimed in M.A.C.P. No. 206 of 1994 filed by the original claimants before the Motor Accident Claims Tribunal, Rajkot, claiming an amount of Rs. 9,28,950/- for the unfortunate and untimely, death of the main bread-winner of the family, a retired Judicial Officer, one D. T, .Acharya, whose life was cut short at the cruel hands of the providence in a tragic road mishap. The claimants are heirs and legal representatives including widow of the deceased Mr. D. T. Acharya.