PREMILABEN BALVANTBHAI BHALABHAI ANTIYA Vs. BHARATKUMAR MAFATLAL JAYSWAL

JUDGEMENT

(1.) The challenge to the judgment and award dtd. 29/9/2021 passed by the MACT (Main), Modasa in MACP no.195/18 is to the sole ground that the learned Tribunal has not appreciated the decisions in the case of New India Assurance Company Ltd. Vs. Somwati, reported in (2020) 9 SCC 644, Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 and United India Insurance Company Limited Vs. Satinder Kaur @ Satwinder Kaur, reported in AIR 2020 SC 3076.

(2.) Facts of the case suggest that on 16/10/2018 at about 2.00 p.m., the deceased riding his motorcycle bearing registration no. GJ-9 CN- 3947 was heading towards his home and while he was near Janki petrol pump, opponent no.1 came from the opposite direction with his Mahindra Pick Up bearing registration no. GJ-31 D-0543 in a rash and negligent manner and hit the motorcycle and therefore, the deceased fell on the road and sustained injury and ultimately succumbed to the death. The learned Tribunal while appreciating the evidence on record by way of FIR Exh.19 and Panchnama Exh.20 found that the Mahindra Pick up was more negligent in causing the accident and at the same time, the deceased was also found to have failed in his duty and therefore, according to the Tribunal, the deceased was negligent to the extent of 30% while Mahindra Pick Up driver was found negligent to the extent of 70%.

(3.) Mr. Bhalodi stated that the claimants are the widow, one minor, daughter and aged mother of the deceased and as per the decision in the case of Magma General Insurance Company Limited (supra), consortium loss to the claimants ought to have been granted.