DALPATSINH DASUBHA JADEJA Vs. DINESHKUMAR KARSANDAS BHIL

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 4/7/2018 passed by the learned Motor Accident Claim Tribunal (Aux.) & 9th (Ad-Hoc) Additional District Court, Anjar- Kachchh in M.A.C.P. No.882 of 2015 which was originally numbered as M.A.C.P. No.361 of 2010 registered at Gandhidham-Kachchh and was thereafter transferred to Anjar-Kachchh.

(2.) The facts as can be enumerated are that on 2/7/2010, at about 21.00 hours, the deceased was travelling in a Maruti Swift Car bearing Registration No.GJ-12-AE-8834 and was on the road, and as per the claimants, suddenly the respondent No.1 stopped his Truck bearing Registration No.GJ-24-GA-0395 without any signal / warning, as a result of which the Maruti Swift Car dashed behind the truck. Grievous injuries were sustained by the deceased, as a result of which the deceased died on the spot.

(3.) Learned Advocate for the appellants - claimants Mr. Hemal Shah submitted that the appeal has been raised on the ground that the compensation amount granted ought to have been granted on the basis of the Minimum Wages Schedule prevalent at the relevant time. It is further submitted that the learned Tribunal after considering the evidence on record has attributed negligence in equal proportion to both the vehicles. The claimants had produced the evidence by way of examination-in-chief at Exhibit 32 stating that the deceased was in the business of farming and was earning Rs.8,000.00 per month. It is further submitted that claimants could not produce any other documentary evidence to support the claim of income and hence, the learned Tribunal could have appreciated the Minimum Wages Schedule to consider the 'consumer price index' and 'inflation ratio'.