KHERUNBEN IBRAHIMBHAI BELIM Vs. PRAVINBHAI PRAHLADBHAI PRAJAPATI

JUDGEMENT

(1.) Challenge is given to the judgment and award dtd. 10/1/2020 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Mahesana in Motor Accident Claim Petition No. 162 of 2017 mainly on the ground that the income aspect has not been rightly considered and further consortium loss has not been granted to the claimants.

(2.) On 12/4/2017, deceased - Ibrahimbhai Pirubhai Belim, was going by drawing the cycle, accompanied with Muskanbanu, Rasulbhai and Mumtazben, who were walking along with him. At about 9:00 hours when they were passing through Nandasan - Dangarva road, near bore-well of Saiyed Abdul Ahmad, at that time, one Maruti Eeco car bearing registration No. GJ-01-KQ-5294 came in rash and negligent manner, in excessive speed and from the rear side, dashed with all of them and due to the accident, they sustained injuries and taken to Lions General Hospital at Mahesana. Since, Ibrahimbhai Pirubhai Belim had sustained fatal injuries, he died during the treatment.

(3.) The learned Tribunal, while appreciating the fact of negligence, has considered the driver of the Eeco car, as sole negligent for the accident.