Case Note & Summary
The appellant, Gujarat State Road Transport Corporation, challenged the judgment and award dated 31.01.2022 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad in MACP No. 181 of 2011, whereby the Tribunal held the appellant liable to pay compensation to the claimants. The accident occurred on 17.11.2010 when the deceased, Shantibhai Negubhai Vaghela, was driving a car with his family from Ambaji to Ahmedabad. Near Salipur Village, an ST bus driven by opponent No. 1 in a rash and negligent manner came onto the wrong side while overtaking a camel cart and dashed into the car, causing fatal injuries. The appellant contended that the car driver was also negligent and sought apportionment of liability. However, the High Court noted that the appellant failed to produce any evidence to establish contributory negligence. The court observed that the bus driver was solely responsible as he drove on the wrong side. Consequently, the appeal was dismissed and the Tribunal's award was upheld.
Headnote
A) Motor Accident Claims - Contributory Negligence - Burden of Proof - The appellant-corporation failed to adduce any evidence to prove contributory negligence of the car driver; mere allegation is insufficient to shift liability - Held that the Tribunal correctly held the bus driver 100% negligent based on the evidence on record (Paras 4-6).
Issue of Consideration
Whether the learned Tribunal erred in holding the driver of the ST bus 100% negligent and in not attributing contributory negligence to the car driver.
Final Decision
The appeal is dismissed. The judgment and award dated 31.01.2022 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad in MACP No. 181 of 2011 is upheld.
Law Points
- Motor Accident Claims
- Contributory Negligence
- Burden of Proof
- Apportionment of Liability
Case Details
2026 LawText (GUJ) (02) 206
R/First Appeal No. 335 of 2024
Ms. Sejal K. Mandavia, Mr. Mayur Rajguru, Ms. Kirti S Pathak
Gujarat State Road Transport Corporation
Ranjanben Shantilal Waghela & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
First appeal against judgment and award of Motor Accident Claims Tribunal in a claim petition for compensation arising out of a motor vehicle accident.
Remedy Sought
The appellant sought to set aside the Tribunal's award and to have contributory negligence attributed to the car driver.
Filing Reason
The appellant contended that the Tribunal erred in holding the ST bus driver 100% negligent and that the car driver was also negligent.
Previous Decisions
The Motor Accident Claims Tribunal (Aux.), Ahmedabad in MACP No. 181 of 2011 held the appellant liable to pay compensation.
Issues
Whether the learned Tribunal erred in holding the driver of the ST bus 100% negligent?
Whether the car driver was contributorily negligent?
Submissions/Arguments
Ms. Sejal K. Mandavia for the appellant submitted that the accident occurred due to contributory negligence of the car driver and the entire liability ought not to have been fastened upon the ST bus driver.
The respondents supported the Tribunal's finding of 100% negligence on the bus driver.
Ratio Decidendi
In a claim for compensation in a motor accident, the burden of proving contributory negligence lies on the party alleging it. Mere allegations without evidence are insufficient to shift liability. The Tribunal's finding of 100% negligence on the bus driver was based on evidence that the bus came onto the wrong side, and the appellant failed to adduce any evidence to the contrary.
Judgment Excerpts
The appellant has failed to adduce any evidence to prove contributory negligence of the car driver.
The bus driver was solely responsible as he drove on the wrong side.
Procedural History
The Motor Accident Claims Tribunal (Aux.), Ahmedabad passed judgment and award on 31.01.2022 in MACP No. 181 of 2011 holding the appellant liable. The appellant filed First Appeal No. 335 of 2024 before the High Court of Gujarat, which was dismissed on 20.02.2026.
Acts & Sections
- Motor Vehicles Act, 1988:
