VINABEN AMARSINH BARIA Vs. MAHENDRASINH RATANSINH PATEL

JUDGEMENT

(1.) The claim petition being Motor Accident Claim Petition No. 1220 of 2017 (Old No. 565 of 2007) was moved by the appellant - claimant, who, at the relevant time, was a minor aged 16 years.

(2.) The facts of the case are that on 27/9/2006, the appellant - claimant was travelling in a Jeep bearing registration No. GJ-17-C- 3439 driven by the respondent No. 1 herein - original opponent No. 1, which was stated to be in moderate speed, following traffic rules. At about 16:00 hours, when the said Jeep was passing near Sajivav village, the respondent No. 3 came driving Tractor bearing registration No. GJ-17-D-5193 with Trailor bearing registration No. GJ-17-Y-3442 in rash and negligent manner, in excessive speed and dashed with the Jeep, as a result, the minor sustained serious injuries and thus, had filed the claim petition through guardian and next friend, her father. During the pendency of the claim petition, on attaining majority, she moved an application exh. 25 to replace her as a claimant.

(3.) Learned advocate Mr. Bhalodi for the appellant - claimant submitted that the disability of 10% for the body as a whole was believed by the learned Tribunal and as per the Disability Certificate, exh. 53, she suffered 22% disability of right upper limb and both the lawyers had consented to consider the disability of 10% for the body as a whole, but the learned Tribunal considered the notional income of Rs.15,000.00 to assess the future loss of income. Mr. Bhalodi for the appellant - claimant submitted that the case falls as per the yardstick laid down in the case of decision of the Hon'ble Apex Court in Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited & Anr ., AIR 2014 SC 736 and the learned Tribunal was required to follow the same to grant just compensation.