REHANABANO RAEES AHEMAD Vs. ANU SANJAYSINH

JUDGEMENT

(1.) The heirs of deceased - Raees Ahemad Mehmood Ali filed the present appeal, challenging the judgment and award dtd. 6/5/2022 passed by the MACT (Aux.) Ankleshwar in MACP No.1677 of 2013 [Old MACP No.437 of 2013], on the grounds raised that income has not been considered in accordance to the evidence of deceased being engaged in the occupation of driving heavy vehicle, and further the consortium amount has not been granted to the claimants.

(2.) The facts of the case, as could be ascertained from the judgment are to the effect that on 13/4/2013, at about 9:30 night, deceased was driving bus bearing Registration No.GJ-14-V- 5130, heading towards Ahmedabad from Mumbai, when reached near village - Kosamba on National Highway No.8, the driver of the truck trailer bearing Registration No.GJ-06-VV-5312, was on otherside of Ahmedabad Mumbai Road, drew the vehicle in rash and negligent manner, in full speed, lost control over steering, dashed with the divider between the road and thereafter jumped the divider and dashed with the bus, and on account of the accident, 12 persons died including the bus driver, driver of truck trailer and deceased Raees Ahemad Mehmood Ali.

(3.) The deceased was aged about 47 years at the time of accident and as per the claimants, the deceased was drawing salary of Rs.15,000.00 per month, and Rs.2,000.00 as monthly allowance. The learned Tribunal while considering the negligence aspect has held the driver of the truck trailer responsible for the accident.