Gujarat High Court
FA/1246/2000 of GUJ.STATE ROAD TRANSPORT CORP Vs MANUBHAI GORDHANBHAI PADHIYAR on 7 November 2001
HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 1246 of 2000 Hon'ble MR.JUSTICE Y.B.BHATT and Hon'ble MR.JUSTICE H.H.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No 1246 of 2000
Hon'ble MR.JUSTICE Y.B.BHATT
and
Hon'ble MR.JUSTICE H.H.MEHTA
============================================================
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1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO
-------------------------------------------------------------- GUJ.STATE ROAD TRANSPORT CORP
Versus
MANUBHAI GORDHANBHAI PADHIYAR
-------------------------------------------------------------- Appearance: MR ASHISH H SHAH for Appellant MR MTM HAKIM for Respondent No. 1 RULE SERVED for Respondent No. 2
-------------------------------------------------------------- CORAM : MR.JUSTICE Y.B.BHATT
and
MR.JUSTICE H.H.MEHTA
Date of decision: 07/11/2001
(Per : MR.JUSTICE Y.B.BHATT)
1. This is an appeal under section 173 of the Motor Vehicles Act, 1988, by the Gujarat State Road Transport Corporation being the owner of the vehicle which was involved in the accident, challenging the judgement and award of the Motor Accident Claims Tribunal at Vadodara involved in the accident, challenging the judgement and award of the Motor Accident Claims Tribunal at Vadodara in Motor Accident Claim Petition No.401/92.
2. On a joint request of learned counsel this appeal is taken up for hearing today.
3. As a result of the hearing and discussion, a consensus has been arrived at between the learned counsel, after due instruction from the respective clients, on the basis of which we hold and direct that the impugned award is modified, and the claimant is found to be entitled to an award in the sum of Rs.2,40,000/(Rupees two lacs forty thousand only) with running interest at the rate of 12% per annum from the date of the application till realisation, with proportionate costs.
4. This appeal is, therefore, partly allowed to the aforesaid extent with no order as to costs. Decree accordingly.
5. Direct service is permitted.
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