LAWS(GJH)-2023-6-1265

VINODBHAI SHANKARBHAI VASAVA Vs. GYANPRAKASH HARIRAM BHURIYA KAHAR

Decided On June 22, 2023
Vinodbhai Shankarbhai Vasava Appellant
V/S
Gyanprakash Hariram Bhuriya Kahar Respondents

JUDGEMENT

(1.) The parents of the deceased minor as claimants have challenged the judgment and award passed in MACP No.120 of 2016 on 3/7/2019 by the Motor Accident Claims Tribunal, Rajpipla.

(2.) The main ground inter alia raised is that the learned Tribunal has committed error in not following the ratio laid down in the case of Kishan Gopal And Another Vs. Lala And Others, reported in 2013 ACJ 2594, to grant the compensation by considering the ratio of assessing the notional income of the deceased as Rs.30,000.00, and ought to have granted Rs.5,00,000.00 as compensation.

(3.) On 1/2/2016, the minor Mitualbhai Mukeshbhai Vasava, minor Ashish Vinodbhai Vasava along with Dhawal Wadilal Patel were on cycle met with accident, as Truck No.G.J.-15-UU-0716, came on the wrong side in a rash and negligent manner; the truck turned turtle and minor Ashish succumbed to death.