ILABA VIKRAMSINH ZALA Vs. HANSH TRAVELS PVT LTD

JUDGEMENT

(1.) The claimants, challenging the judgment and award dtd. 30/3/2019 passed by the Motor Accident Claims Tribunal (Aux.), Gondal in M.A.C.P. No.104 of 2016 by preferring the present appeal under Sec. 173 of Motor Vehicles Act, 1988, has made prayer for enhancement of the compensation amount inter alia raising the ground that the income has not been assessed for that of the driver of heavy vehicle; the amount under the conventional heads are not granted as per the order of the Apex Court.

(2.) The facts of the case as was urged by the claimants before the Tribunal was that on 8/7/2016, the deceased Vikramsinh Bhavubha Zala was on his duty as paid driver on Truck No.GJ-10TV-2345; while on the road, he reached the place within the jurisdiction of Jalamb Police Station (Maharashtra), where he met with an accident and as pleaded, the driver of the bus bearing No.UP-75AT-0097 came in rash and negligent manner, in full speed, without observing traffic rules, endangering the human life and by coming on the wrong side, dashed with the Truck of the deceased. The deceased sustained grievous injuries and ultimately succumbed to death.

(3.) The learned Tribunal while considering the negligence aspect has held the driver of the bus 70% negligence, while the deceased as 30%.