PRADIPBHAI LABHUBHAI DANGAR Vs. BALWANTSINH HARISINH SOLANKI

JUDGEMENT

(1.) The captioned appeals arise out of same set of facts and accident and common judgment and award dtd. 2/5/2022 passed by the learned Motor Accident Claims Tribunal (Special), Rajkot in Motor Accident Claim Petition Nos. 74 and 75 of 2020 and hence, the same were heard together and are being decided by way of this common judgment.

(2.) The First Appeal No. 1493 of 2023 is filed being aggrieved and dissatisfied by the judgment and award in Motor Accident Claim Petition No. 74 of 2018, inter alia contending that the learned Tribunal has committed material illegalities, which has led to gross miscarriage of injustice. The learned Tribunal has not assessed the income of the injured minor claimant as per his academic career. The claimant is totally in bedridden condition and though 100% functional disability has been considered by the Tribunal, the amount under the heads of Future Medical Expenses, Pain, Shock and Suffering does not commensurate with the evidence on record and under other heads, the amount has not been assessed in accordance with the disability sustained by the minor and hence, a prayer is made for enhancement of compensation.

(3.) The facts suggest that on 12/12/2017 at about 5:30 in the evening on Rajkot - Bhavnagar highway, near Gal-kotadi village, Randhir Mehurbhai Dangar was going on motorcycle bearing registration No. GJ-04-AB-7994 along with his younger brother - Shubham Mehurbhai Dangar as a pillion rider and on their way, had parked their motorcycle on the side of the road, while Pradipbhai Labhubhai Dangar had come to meet them and was standing near them. It is stated that when Randhirbhai Mehurbhai Dangar was about to start his vehicle with the pillion rider, suddenly, one bus bearing registration No. GJ-04-Z-0960 belonging to Bindiya Travels came in full speed, in rash and negligent manner and dashed the motorcycle. In the accident, Randhirbhai and Shubham sustained fatal injuries and died during the course of treatment, whereas, Pradipbhai, who was standing near them, received very serious injuries.