PRAVINBHAI NANJIBHAI VAGADIYA Vs. BHARATKUMAR HIRABHAI SARVAIYA

JUDGEMENT

(1.) The present Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 25 th January 2019 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot at Dhoraji, in the Motor Accident Claim Petition No.109 of 2013, whereby the Tribunal was pleased to partly allow the claim petition.

(2.) By way of present Appeal, the appellants-husband and children of the deceased Sangitaben who died in a vehicular accident which took place on 19/11/2013 seek enhancement of the compensation amount to the tune of Rs.20.00 lakh under20 lakh under different heads for the death of the deceased Sangitaben. The Tribunal has awarded compensation to the tune of Rs.20.00 lakh under7,86,800/- under different heads considering the grievous and fatal injuries sustained by the deceased Sangitaben as a result of which she succumbed.

(3.) On perusal of the entire facts and circumstances of the case and also perusing the documentary as well as the oral evidence on record, it reveals that three vehicles are involved in the accident and the compliant is lodged against the driver of the Tractor bearing registration No.GJ-03-EA-5712 with Trailer No.GJ-03-AV-3284. It further appears that the Motorcycle bearing registration No.GJ-03-AK-5621 was coming from the backside and during overtaking the Tractor, at that time due to curve, the driver of the Tractor took his vehicle on the left side and therefore the Tractor hit the Motorcycle bearing registration No.GJ-03-AK-5621 and the Motorcycle bearing registration No.GJ-03-BN-194 coming from the opposite side. It further appears from the panchnama that the Tractor was found 30 feet from the Motorcycles, which goes to show that the Tractor was in full speed and it was driven negligently. It further appears that the driver of the Tractor has not stepped into the witness box to say that under what circumstances the accident had occurred. Even the Insurance Company has also not examined the driver of the Tractor. Therefore, an adverse inference has been drawn against the driver of the Tractor. Therefore, considering all the aspects, it is clear that the driver of the Tractor was solely responsible for the accident.