RANJITSINH GHANSHYAMSINH JHALA Vs. ALIBHAI SALEBBHAI BHONHARIYA

JUDGEMENT

(1.) IN connection with the accident that took place on 13.06.1992 on the Dhandhuka ? Bajarda road in which Upendrasinh, son of the appellants, original claimants, expired, claim petition being M.A.C.P. No.1426/1992 was preferred by the legal heirs, the appellants herein, before the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) at Mirzapur. The said claim petition was allowed in part by judgment and award dated 13.09.1999 whereby, a total compensation of Rs.75,200/- was awarded along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal for enhancement.

(2.) IT has been submitted on behalf of appellants that the accident occurred on account of the sole negligence of the Tanker and the Tribunal erred in assessing contributory negligence between the Scooterist and Tanker at 20 : 80. IT is submitted that the Tribunal has not taken into consideration the prospective income of deceased and also erred in deducting 1/3

(3.) HEARD learned counsel for the respective parties. None appears on behalf of respondents no.1 & 2. It appears from the /panchnama /of the place of accident that the Scooterist dashed the Tanker on the side central area at a road intersection. Had the Scooterist been careful, the accident could have been averted. Considering the facts and circumstances of the case, I am of the opinion that the Tribunal has rightly held the ratio of contributory negligence between the Scooterist and Tanker at 20 : 80 and I find no reasons to disturb the same.