RAMESHWARI BHAJANLAL Vs. VALJIBHAI NARANBHAI MIYATRA

JUDGEMENT

(1.) The claimants aggrieved and dissatisfied by the judgment and award dtd. 14/12/2021 passed by Motor Accident Claims Tribunal, Rajkot in MACP No.1395 of 2016, have preferred the present First Appeal under Sec. 173 of the M.V. Act, mainly contending the ground that the deceased was paid driver and his risk was covered since additional premium was paid, and, thus have raised contention that 50% deduction in the compensation amount considering the negligence of the deceased is contrary to the judgment of this Court in Valiben Laxmanbhai Thakore (Koli) Wd/o Late Laxmanbhai Ramsingbhai Thakore (Koli) Vs. Kandla Dock Labour Board, reported in 2021 (4) GLH 77.

(2.) The facts of the case, as noted in the impugned judgment, in brief, are that on 7/1/2016 at 5:00 in the morning, the deceased was driving Truck No.GJ-12-AZ-1455 on the highway, when he reached near Adsar Police Check Post, suddenly the driver of Tanker No.GJ-12.-BT- 9544 came on the road. The deceased tried to control his vehicle by applying brakes and to slow down his vehicle, but the Truck dashed the rear side of the Tanker, and he sustained fatal injuries and succumbed to death on the spot.

(3.) Mr. Hemal Shah, learned advocate for the appellants submitted that though the learned Tribunal has observed the said fact and has reflected in the judgment regarding the insurance policy, Exh.51, which was produced on record, reflects the same of Commercial Vehicle Package Policy and the policy premium schedule shows that Rs.100.00 was recovered towards additional premium for LL to paid driver and Rs.150.00 was recovered towards additional LL to paid driver, conductor, cleaner, employeed etc., in spite of that, has deducted 50% of the compensation amount attributing it as deceased negligence.