SUMATBA VIKRAMSINH GOHIL Vs. HARPALSINH MAHIPATSINH GOHIL

JUDGEMENT

(1.) This is an appeal preferred by the appellants-claimants challenging the judgment and award dtd. 2/3/2020 passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claim Petition No.595 of 2013.

(2.) According to the claimants, on 8/10/2013, at about 6.00 p.m., the deceased was going from his house to his agricultural field by driving his Rajdoot Motorcycle bearing registration No.GJ-L-2673 on the correct side of the road in moderate speed. He was on way from Malvan near Doniya Nera bridge, at that time, opponent no.1 came driving his motorcycle bearing registration No. GJ-4 - BN-1676 in a rash and negligent manner, and dashed with the motorcycle of the deceased and he received fatal injuries and succumbed to death. The learned Tribunal has held that the accident had occurred due to the sole negligence of the driver of the motorcycle bearing registration No.GJ-4 - BN-1676 and no challenge has been given to the said observation.

(3.) Mr.G.K.Chauhan, learned advocate for the appellants submitted that the deceased was holding agricultural land, and 7/12 extract was produced of revenue record at Exh.65 to prove the ownership. The learned Tribunal ought to have considered this fact and should have appreciated the evidence that he was taking crops from the land. Advocate Mr.Chauhan submitted that at least, the compensation should have been granted for the managerial skill of the deceased for taking the agricultural crops from his land.