SUGABEN BARJUBHAI Vs. GANJIBHAI NANDARIYABHAI GAMIT

JUDGEMENT

(1.) The claimants have challenged the judgment and award dtd. 19/7/2017 passed in MACP no.11/22 by the MACT, Tapi at Vyara, whereby the learned Tribunal was pleased to grant compensation of Rs.4,27,000.00 with interest at the rate of 9% per annum while laying down 70% liability on the opponents no.3, 4 and 5 of tanker no.GJ-26 T-0100 and 30% liability of opponents no.1 and 2 of rickshaw no. GJ-26 T-285.

(2.) The facts of the case which have given rise to filing of the present appeal suggest that on 22/3/2011, the claimants and the deceased Barjubhai @ Bharjubhai Surjibhai Gamit along with claimants of other claim petitions were traveling in a rickshaw from Anandpura to Navapura and at about 8.30 a.m., when they reached near the village Jamki, opponent no.3-driver of tanker came in a rash and negligent manner endangering human life and dashed the rickshaw. As a result of which, the rickshaw turned turtle and the deceased Barjubhai @ Bharjubhai Surjibhai Gamit died.

(3.) It was urged before the Tribunal that at the time of death, he was 44 years old and was earning Rs.5,000.00 by doing masonry work and was earning from agriculture work. Advocate Mr. Modi submits that the learned Tribunal has not taken into consideration the income of the deceased as a mason and earning from agriculture work. Mr. Modi submitted that at the most, the Tribunal ought to have kept in mind the minimum wages schedule to grant compensation amount.