REKHABEN UDESING PADHIYAR Vs. HASMUKHBHAI KALUBHAI CHAUDHARY

JUDGEMENT

(1.) The claimants, two minor children and mother-in-law of deceased - Ranjanben alias Guliben Udesing Padhiyar, challenging the judgment and award dtd. 1/11/2021 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in M.A.C.P. No.303 of 2017 by preferring the present appeal under Sec. 173 of the Motor Vehicles Act, 1988, have made prayer for enhancement of the compensation amount inter alia raising the ground that the deceased was earning member of the family and also the housewife, who was taking care of the two minors as well as mother-in-law; hence, the income ought to have been assessed in accordance to the fact that the deceased was earning member.

(2.) Mr. Nishit A.Bhalodi, learned advocate for the appellants stated that the deceased was earning member of the family, as the father of the minors and the son of claimant no.3 had died 4 to 5 years prior to the accident. Mr. Bhalodi submits that the deceased - Ranjanben alias Guliben Udesing Padhiyar was looking after the family by doing labour work, and therefore the learned Tribunal ought to have appreciated this fact and should have considered the income as of labour class in accordance to minimum wages schedule prevalent at the relevant time. Mr. Bhalodi further stated that the consortium money ought to have been granted to all the dependents. While countering the arguments, Mr. Rathin P.Raval, learned advocate for the respondent no.3 submitted that the income of the deceased was assessed as Rs.5,000.00 per month, and, since no cogent evidence has been produced showing the income of the deceased, Mr. Raval stated that, notional income so considered, is just and appropriate.

(3.) The accident, on 7/6/2017 at about 11:30 at Jambusar towards Padra Road, in the sim of village - Mahuva, opposite Ashirwad Hotel took place when the deceased was travelling a pillion rider on the Motorcycle bearing No.GJ-16-BH-1707. The tanker bearing No.GJ-02-XX-8776 came in excessive speed in a rash and negligent manner and dashed the Motorcycle from behind. As a result Ranjanben alias Guliben sustained grievous injuries and succumbed to the death. At the time of accident, the deceased was 31 years of age leaving behind two minors and the mother-in-law, who lost shelter due to the sudden death.