MANEKLAL DHANJIBHAI SHARMA Vs. KIRTIKUMAR BABULAL JAREJA

JUDGEMENT

(1.) BEING aggrieved from the judgment and award passed by Motor Accident Claims Tribunal (MACT), Ahmedabad in Motor Accident Claim Petition (MACP) No. 485 of 1995, dated 13th March, 2000, whereby, Claims Tribunal partially allowed Motor Accident Claim Petition. The appellant hereby has preferred the present appeal for enhancement of the compensation amount.

(2.) BRIEF facts of this case are that on 23rd October, 1992 at about 4.45 p.m. deceased Bhaveshkumar was going on his moped (Luna) on extreme left side of the road and at that time, bus belonging to respondent -Transport Service was coming from opposite side being driven rashly and negligently and while overtaking rickshaw, the bus hit the driver of moped who ultimately, succumbed to his injury. After death of Bhaveshkumar, his wife and parents preferred the petition for compensation on the ground that at the time of his death, deceased was 24 years of age and was earning a sum of Rs. 80/ - per day and as such, they claimed Rs. 9,09,000/ - as compensation from the respondents.

(3.) LEARNED counsel for the petitioners has submitted that the driver of the offending bus was rash and negligent in driving the bus which is proved from the evidence of the eye -witness examined by the petitioner and in absence of any evidence, the Tribunal has wrongly reached to the conclusion that the there was contributory negligence of driver of the moped and as such, deduction of 25% compensation payable to the surviver of the deceased was liable to be set aside. Though, in the initial argument, learned counsel also referred to fact regarding multiplier but, this point is not pressed by him and finding is being recorded on the point of multiplier.