SULEMAN ISHAK JABHA Vs. SOMARAM KESHAJI JAYPAL

JUDGEMENT

(1.) This appeal has been filed by the original claimant in MACP Case No.1037 of 1996 on being aggrieved by the order of the MAC Tribunal, Panchmahals, Godhara, dtd. 19/9/2016.

(2.) Facts in brief would indicate that an accident occurred on 18/7/1996 when the claimant/appellant was traveling with his goods for labour work in Tempo No.GJ-1 V-6921. According to the claimant, the driver of the truck No.GJ-16 T-3989 drove the vehicle in the rash and negligent manner as a result of which the head on collusion occurred. The Tribunal while considering the case of the negligence considering that it was a held on collusion, based on an earlier MACP No.149 of 1997 in a judgement it was delivered in that case on 26/6/2010 found that the negligence of both the vehicles was 50% each.

(3.) It was the case of the claimant that for awarding compensation, his income should be considered at Rs.5000.00. The Tribunal considered his income at Rs.1500.00 and awarded compensation of Rs.51,400.00.