SUSHILABEN SURESHBHAI JANI Vs. BHAVESHBHAI KARSHANBHAI PRAJAPATI

JUDGEMENT

(1.) Challenge in these appeals is to the common judgment and award dtd. 5/4/2022 passed in Motor Accident Claim Petition Nos. 53 and 54 of 2019, arising out of the same accident, by learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva. Motor Accident Claim Petition No. 53 of 2019 was filed by the heirs of the deceased, whereas, Motor Accident Claim Petition No. 54 of 2019 was filed by the injured - claimant.

(2.) The facts of the case, as were urged before the learned Tribunal, are that on 2/5/2019, at about 6:00 p.m. deceased Sureshbhai Chaturbhai Jani (deceased) and Rameshbhai Jerambhai Baladhiya (injured pillion rider), were going on motorcycle bearing registration No. GJ-1-JP-6397 and proceeding from Village: Chhapri of Mahuva Taluka and when they reached on the road between Village: Sandhida and Hotel Sadguru, opponent No. 1, the driver of Eeco Car, bearing registration No. GJ-8-BN-840 came on the wrong side, in rash and negligent manner, in excessive speed, endangering human life and dashed with the motorcycle and because of the accident, Sureshbhai Chaturbhai Jani died during the treatment, while Rameshbhai Jerambhai Baladhiya sustained serious injuries. The Tribunal, while appreciating the evidence on record on the issue of negligence, has held the driver of Eeco car solely negligent for the accident.

(3.) First Appeal No. 2878 of 2022 has been filed on the ground that the learned Tribunal has committed an error in not appreciating the Income Tax Returns (ITRs) of the deceased. Learned advocate Mr. Bhalodi for the appellants submitted that the deceased was aged 54 years at the time of accident and was working as Priest and was a tax payer. Relevant ITRs of Assessment Year 2018-2019 and 2019- 2020, which were placed on record vide exh. 57. The learned Tribunal has recorded the income of Rs.2,81,905.00 for the Assessment Year 2018-2019. The accident had occurred on 2/5/2019. The ITR for the Assessment Year 2019-2020 was filed after the death of the deceased, which reflects annual income of the deceased of Rs.2,96,186.00.