Facts
On November 11, 2021, Hasmukhbhai Chauhan and his wife Champaben were traveling on an Activa when a GSRTC bus, driven in a rash and negligent manner from the wrong side, collided with them.
Source reference: p. 2The Motor Accident Claims Tribunal (Main), Patan, awarded compensation of ₹27,58,200/- in MACP No. 263/2021 and ₹8,05,800/- in MACP No. 264/2021, holding the bus driver solely negligent.
Source reference: p. 1-2GSRTC appealed on the grounds of contributory negligence, while the claimants filed cross-objections seeking enhancement of compensation.
Source reference: p. 3Issues
1. Whether the driver of the S.T. Bus was solely negligent or if the rider of the Activa contributed to the accident.
Source reference: p. 3 / para. 52. Whether the compensation awarded under conventional heads and loss of dependency required enhancement based on current legal precedents.
Source reference: p. 4-5 / para. 6-7Law Applied
The Court applied the principles of negligence and assessment of compensation under the Motor Vehicles Act, 1988.
Source reference: no citationIt relied on National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 to standardize awards for conventional heads like loss of estate (₹15k + 10% increment), funeral expenses (₹15k + 10%), and future prospects.
Source reference: p. 5, 8It further applied Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 to grant "parental/filial consortium" to all legal dependents at ₹40k + 10% increment.
Source reference: p. 5, 8Regarding income assessment for unskilled/domestic work, the court followed Govind Yadav v. New India Insurance Co. Ltd. (2011) 10 SCC 683, emphasizing the use of minimum wages fixed by the State Government.
Source reference: p. 10Reasoning
The Court rejected the Corporation's plea for contributory negligence, noting that the Panchnama and photographs showed 50-feet brake marks and established that the bus was on the wrong side of the road at excessive speed.
Source reference: p. 7 / para. 10Although the driver was acquitted in criminal court, the High Court held that the civil standard of "preponderance of probabilities" in motor accident claims was satisfied.
Source reference: p. 7In MACP 264/2021, the Court corrected the deceased's income from a flat ₹8,000/- to the prevailing minimum wage for skilled workers in Gujarat (₹9,490/-), added 10% for future prospects, and deducted 1/4th for personal expenses.
Source reference: p. 10In MACP 263/2021, it increased the consortium award to cover all four dependents.
Source reference: p. 8Holding
The High Court held the bus driver 100% negligent.
The High Court dismissed GSRTC’s appeals and partly allowed the claimants' cross-objections.
Source reference: p. 12In MACP 263/2021, it awarded an additional ₹1,36,871/- (totaling ₹28,95,071/-) and in MACP 264/2021, it awarded an additional ₹2,69,740/- (totaling ₹10,75,540/-).
Source reference: p. 9, 11GSRTC was directed to deposit the additional amounts with 9% interest per annum from the date of the claim petition within six weeks.
Source reference: p. 12Original Court PDF
MANAGER, GUJARAT STATE ROAD TRANSPORT CORPORATIONvsGANGABEN MIYACHANDBHAI CHAUHAN
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