PUSHPABEN MANOJBHAI JOSHI Vs. KHENGAR RAMJI AVADIA

JUDGEMENT

(1.) The claimants have challenged the judgment and award passed on 31/8/2018, passe by the Motor Accident Claims Tribunal (Auxiliary-IV), Kachchh at Bhuj in Motor Accident Claim Petition No. 451 of 2002.

(2.) Learned advocate Mr. Bhalodi for the appellants submitted that though the employer of deceased, namely Narotambhai Amrutlal Joshi was examined to prove that the deceased was his driver on the vehicle and was earning Rs.6,000.00 per month, the learned Tribunal has failed to consider the same and thus, stated that the monthly income of the deceased has not been assessed in accordance with the evidence on record and further stated that the claimants are the widow and two minors. It is submitted that claimant No. 3 was, at the relevant time, aged about 1 year and 6 months, who lost her father even before she could attain the age of recognizing the parents and another minor was only 8 and thus, stated that the consortium loss has not been granted as per the decision of the Hon'ble Supreme Court Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (2018) 18 SCC 130.

(3.) The facts of the case suggest that on 21/3/2002, the deceased was proceeding from Bhachau to Anjar in Tata Sumo car bearing registration No. GJ-12-K-8444. He was driving the vehicle in moderate speed and on the correct side of the road. At about 20:00 hours, when the deceased reached opposite to Bhimasar railway station; 1.5 kms away from Bhimasar on Bhachau - Anjar highway, at that time, respondent No. 1 came driving Truck No. GJ-12-U- 8714 rashly and in negligent manner and in excessive speed, on the wrong side of the road and dashed the Tata Sumo, as a result, the deceased suffered fatal injuries and eventually, succumbed to death.