NCDRC

NCDRC

RP/3897/2006

GUJARAT STATE ROAD TRANSPORT CORPORATION - Complainant(s)

Versus

KANTIBHAI KALUBHAI MENSON & ANR. - Opp.Party(s)

MR. C.M. SHROFF

30 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3897 OF 2006
 
(Against the Order dated null in Appeal No. of the State Commission Gujarat)
1. GUJARAT STATE ROAD TRANSPORT CORPORATION
-
...........Petitioner(s)
Versus 
1. KANTIBHAI KALUBHAI MENSON & ANR.
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :
Mr. Chirag M. Shroff, Advocate
For the Respondent :
Mr. Pratham Kant, Proxy Counsel for
Mr.Sandeep Chaturvedi, Advocate
(Amicus Curiae)

Dated : 30 Aug 2011
ORDER

 

PER MR. JUSTICE R.K. BATTA, PRESIDING MEMBER

 Heard counsel for the petitioner and Shri Prtham Kant, Proxy Counsel who has been requested by amicus curiae to appear in the matter. 

          The District Forum had awarded a sum of Rs.54,000/- with 12% p.a.  interest.  The State Commission has reduced the  rate of interest to 6% p.a. in the appeal.  In this case, the respondent’s six year old daughter had died on account of fall of tyre  which was being removed by the attendant of the bus for replacing a punctured tyre.  The said tyre,  while it was being removed from the roof of the bus,  fell on the daughter of the respondent who was standing nearby  as a result of which she died.  Strictly speaking, the claim of the respondent would fall either under the Motor Accidents Claim Tribunal or it will be a civil liability.  Be that as it may,  in the facts and circumstances of the case and taking into consideration the unfortunate incident, we are of the opinion that payment already ordered to the extent of Rs.54,000/- with 6% interest p.a. should not be interfered with. We are informed that the said amount with interest has already been paid to the respondent.  In view of this, we are not inclined to interfere in the matter and the revision stands disposed of as such with no order as to costs.

 

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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