PINKYBEN Vs. SOMAJI RANCHHODJI THAKOR

JUDGEMENT

(1.) The present appellants have challenged the judgment and award dtd. 14/5/2018 passed by 4th Motor Accident Claims Tribunal (Aux.), Mahesana at Visnagar in MACP No.674 of 2006, which came to be renumbered as MACP No.356 of 2012.

(2.) The challenge is given to the judgment mainly on the ground that compensation so granted is not just and consistent with the material/evidence produced on record, to show that deceased was serving as an Assistant Teacher in Vinay Vidalaya Mandir, Secondary School, Khoda, on fixed salary of Rs.4,000.00 per month for the first five years, and, had he been continued in the post, he would be entitled for the benefit of 6th Pay Commission and his income would Rs.40,000.00 per month; and further ground has been raised that consortium loss has not been granted to all the claimants.

(3.) The facts of the case, as has been noted by the Tribunal giving rise to the claim petition are that, on 10/3/2006 at about 6:30 a.m., deceased travelling on his motorcycle was heading towards his place of service from village Gunja to Khoda, at that time, a Jeep bearing Registration No.GJ-2-R-8168 came in a full speed, in a rash and negligent manner endangering human life, dashed with the motorcycle from behind, therefore, motorcycle collided with one Truck bearing No.GJ-15-X-1547, and owing to the vehicular accident, Pravinkumar died on the way before reaching the hospital.