RAMESH RASIKLAL JANI Vs. MANSUKHLAL TAPUBHAI VIRADIYA

JUDGEMENT

(1.) The present appeal emanates from the judgment and decree dtd. 3/10/2018 passed by the Motor Accident Claims Tribunal at Rajkot (the Tribunal) in MACP No.326 of 2008, under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement.

(2.) At the outset, learned advocate Mr.Dholakia appearing for the appellant has submitted that the prime issue, which requires consideration is with regard to deduction of the compensation from the claimants i.e. the appellant by considering his 40% contributory negligence in the accident and also with regard to enhancement of compensation under the head of pain, shock and suffering. For the first issue with regard to deduction of compensation to the extent of 40%, he has placed reliance on the judgment of the Division Bench dtd. 24/11/2021 passed in First Appeal No.1881 of 2019, which is premised on the judgment of the Full Bench in the case of Valiben Laxmanbhai Thakore (Koli) widow of late Laxmanbhai Ramsingbhai Thakore (Koli) and ors. vs. Kandla Dock Labour Board and Another , 2021 (4) GLH 77. It is submitted that the claimant was a paid driver of the respondent no.3-Corporation and accordingly, the liability of owner of the vehicle i.e. GSRTC is required to be fixed as per the aforesaid decision.

(3.) Per contra, learned advocate Ms.Sejal Mandavia has submitted that no interference is required in the judgment and decree passed by the Tribunal as the same is appropriately passed.