VARSHABEN Vs. RANCHHODBHAI SOLANKI

JUDGEMENT

(1.) Mr. Hiren M. Modi, learned advocate with Mr. Harsh Joshi, learned advocate for the appellants submitted that the challenge has been made to the judgment and award dtd. 7/4/2017 passed by the Motor Accident Claims Tribunal (Aux), Junagadh in Motor Accident Claim Petition no.97 of 2012 primarily on the ground that the deceased was a Carpenter and considering the date of accident as 6/10/2011, the income has not been rightly assessed.

(2.) The facts of the case are that on 6/10/2011, the deceased was proceeding as passenger in the rickshaw bearing registration no. GJ-1 XX-7052 driven by respondent no.4 and was proceeding towards Keshod and while they had reached on Keshod-Mangrol road, Nr. Dokamaradi between 10:00 hrs. to 10:30 hrs. in the morning, a truck bearing registration no. GJ-11 V-5247 came in a full speed in a rash and negligent manner and dashed with the rickshaw. The deceased sustained fatal injuries and succumbed to it. The learned Tribunal, while considering the issue of negligence, has considered the case of composite negligence and has made respondents no.1 to 6 jointly and severally liable and in Paragraph 15 of the judgment, the Tribunal has considered 20% negligence of the driver of the rickshaw and 80% of the driver of the truck.

(3.) Mr. Modi submitted that the deceased was a skilled person and was aged about 42 years and therefore, prospective rise in income ought to have been considered by following the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. He further submitted that consortium amount ought to have been granted in accordance with the decision in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 under conventional heads.