HIRALAL MULCHAND KIRI Vs. BRAHMANI TRANSPORT CO.

JUDGEMENT

(1.) By these appeals, the appellants have challenged the judgment and award dated 16th April, 1988 passed by the Motor Accident Claims Tribunal (Main) Banaskantha in M.A.C.P. Nos. 414/1988, 249/ 1988 and 157/1988 respectively.

(2.) Brief facts of present appeals are that the vehicular accident occurred on 14th February, 1988 at about 4.30 p.m. in town limits of Deesa near T-Junction on Deesa -Palanpur road. When the scooter was being driven by one Hiralal with Pravinbhai and Rameshbhai as pillion riders, one truck came from the opposite side in rash and negligent manner and the truck ran over them. As a result thereof, Mr. Rameshbhai - second pillion rider received grievous injuries and died on the spot, and Mr. Hiralal and Mr. Pravinbhai received injuries.

(3.) Learned Advocate Ms. A.R.Acharya appearing for the appellants states that learned Claims Tribunal has committed error in awarding the compensation on lower side. She states that learned Claims Tribunal has not considered Panchanama of the truck involved in the accident, which shows that the scooter struck with the truck on the front left side due to sudden turn taken by the truck. She states that the scooter having pillion rider sitting behind could never have taken speed of 60 k.m. per hour. In such condition, there is no question of contributory negligence. She states that learned Claims Tribunal ought to have considered that truck is a heavy vehicle and while negotiating curve on 'T' Junction, no signals were given, therefore, the negligence was totally of the truck driver. She states that in the said accident one person has died and others have received grievous injuries, therefore, learned Claims Tribunal ought to have granted just and adequate amount under the head of medical expenses as well as pain, shock and suffering. She states that learned Claims Tribunal has not assessed permanent disability in proper way. She states that learned Claims Tribunal has committed error in appreciating the evidence.