THAKOR JYOSTNABEN Vs. DECD ABHABHAI MULJIBHAI CHAUDHARY

JUDGEMENT

(1.) By referring to impugned judgment and award dated 2 7.2018 passed in MACP No.181 of 2014 by Motor Accident Claims Tribunal (Aux), Arvalli at Modasa, Mr.Prajapati, learned advocate for the appellants submitted that the claimants have not been granted compensation money in accordance with the proposition of law laid down in various judgments of Honourable Supreme Court. He states that the claimants are four in number, which includes widow and two minors, who would be entitled to receive consortium money because of death of sole earning member of the family. He further submitted that if the claimants could not produce any cogent evidence to substantiate the factum of income then learned Tribunal should have granted amount in accordance with minimum wage schedule, considering inflation index and living standard.

(2.) The facts of the case suggest that the accident had occurred on 14/7/2014 at about 3.30 in the afternoon, when the deceased was standing at the outskirts of Village- Kesharpura. At that time, opponent no.1 started his dumper bearing registration no.GJ-2 VV-4478 suddenly and was driving it in excessive speed and in a rash and negligent manner and collided with the deceased. As a result thereof, the dumper clenched the deceased with another stationary dumper bearing registration No.GJ-18 AV-4620, which was parked in front of the offending vehicle. Learned Tribunal, after appreciating the evidence, had found driver of dumper bearing registration No.GJ-2 VV-4478 solely negligent for the accident, due to which the deceased succumbed to the injuries. Two vehicles are involved in the accident and insurance company of other vehicle is exonerated as no negligence was attributed to the driver of that vehicle.

(3.) It was deposed before learned Tribunal that the deceased, at the time of accident, was a driver, he was also supervising agricultural work and he was also earning from animal husbandry and the claimants had claimed monthly income of Rs.10,000.00. However, learned Tribunal has observed that no documentary evidence was produced on record to show the income of the deceased. The age of the deceased at the time of accident is urged to be 32 years, however, as per Postmortem Note, learned Tribunal has considered the same to be 35 years. Hence, the deceased falls in the age group of 31- 35 years and multiplier of 16 was made applicable.