KALIBEN VASABHAI KACHOT Vs. DRIVER MOHMED UMAR

JUDGEMENT

(1.) Initially, this First Appeal was filed by one Vasabhai Rambhai against judgment and award passed by the Motor Accident Claims Tribunal at Junagadh in Claims Petition No. 29 of 1983. During the pendency of this appeal, the Appellant-original claimant died and his heirs are brought on record. Originally, the Claims Petition was filed for Rs. 3,18,770/- out of which, the Tribunal awarded Rs. 42,700/- with interest @ 6% per annum from the date of application till realization with proportionate costs.

(2.) Learned Advocate Mr. Shah for the Appellant vehemently submitted that the Tribunal has erred in ascertaining the amount of economic loss and after having erred on the point of ascertaining the amount, it further erred in holding the claimant negligent to the extent of 60% and then reducing that amount.

(3.) It will be appropriate to consider as to what circumstances the Tribunal has taken into consideration for recording the aforesaid finding before this Court deals with the submissions made by the learned Advocate for the Appellant. It is the case of the claimant-Appellant before the Tribunal that on a road, which is north-south, Veraval being on North and Sutrapada being on South, the accident took place. The motorcycle was going towards Veraval i.e. from south to north and the truck was coming from Veraval i.e. from North to South. That being so, the western edge of the road will be the correct side for the motorcyclist and eastern edge of the road will be the correct side for the truck. It is the case of the motorcyclist that he was on the extreme western edge of the road and at that time, he saw a truck coming from the opposite direction. It is the case of the motorcyclist (claimant-Appellant) that, 'that truck was driven in excessive speed in a rash and negligent manner and though, he gave signal by operating the headlight, the truck driver did not take note of the same and dashed with the motorcycle, while the motorcycle was almost at a halt'. If this was true then the truck and the motorcycle would have been found on the western side edge of the road and the right hand side of the truck (driver side) would have been found involved in the accident. Further, if it is true that the truck was driven in the excessive speed then the motorcycle would not have been found on the road but it must have thrown away off the road, on the western side, somewhere, in a roadside pit.