NARENDRABA VIKRAMSINH JADEJA Vs. JADAVGIRI BHAVANGIR GOSWAMI

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 30/11/2017 passed by the learned Motor Accident Claims Tribunal (Aux.6), Anjar-Kachchh in New M.A.C.P. No.427 of 2015 (Old M.A.C.P. No.161 of 2006) firstly on the ground challenging the 50% negligence aspect which has attributed to the deceased who was driving the Maruti Car and secondly that the consortium amount has not been granted to the claimants.

(2.) The facts of the case suggest that on 3/8/2005 at around 21.30 hours, the deceased was going in a Maruti Car bearing Registration No.GJ-12-P-7794, he was on the road from Samkhyali to Radhanpur and had crossed the over bridge situated above railway line. The driver of Tanker No.GJ-12-T-7731 had parked the Tanker on the road without putting the back lights on or any indicator and hence, the Maruti Car dashed with the tanker at its back side and the deceased succumbed to the injuries.

(3.) Learned Advocate for the appellant submitted that the accident occurred at 21.30 hours and the driver of the Tanker had parked the tanker without putting any any rear lights on which could have made other drivers alert about the stationery tanker. It is further submitted that the learned Tribunal has failed to appreciate the said fact, that, it was the duty of the tanker driver to alert the other, on going vehicles. It is further submitted that the learned Tribunal ought to have granted consortium amount taking into consideration the decision of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram reported in 2018 ACJ 2782 and further stated that the deceased was serving in Gujarat Water Supply and Sewerage Board (GWSSB).