SANDEEPKUMAR FATESINH VASAVA Vs. CHAUHAN YUSUF RASUL

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants (the legal heirs of the original claimant who had filed the M.A.C.P.) have challenged the judgment and award dtd. 30/12/2017 passed by the learned Motor Accident Claims Tribunal (Main), Vadodara in M.A.C.P. No.1454 of 2007 for the injuries the original claimant had sustained in the vehicular accident. The judgment and award of the learned Tribunal was delivered on 30/12/2017. During the pendency of the Appeal, the original claimant expired as per the instructions received by learned Advocate for the appellants Mr. Karna H. Dhomse and thus, by an order of this Court, the heirs of the deceased were brought on record, who are the widow and two minor children.

(2.) The facts giving rise to the present Appeal can be put succinctly as under :- On 24/3/2007, the original claimant was heading from Vadodara towards Ahmedabad on his motorcycle bearing Registration No.GJ-6-CE-6600 alongwith a pillion rider. When the deceased reached on National Highway No.8, Near Hotel Saibaba, Taluka Kheda, the respondent No.1 came driving his truck bearing Registration No.GJ-7-X-5316, in an attempt to overtake the foregoing truck, came on the wrong side of the road and dashed the appellant's motorcycle. The original claimant suffered various body injures as also multiple fracture, therefore, he was rushed to Kheda General Hospital for first aid treatment and was subsequently shifted to D.K. Patel's Hospital, Vadodara. During the hospitalization period from 24/3/2007 to 24/4/2007, as an indoor patient, the original claimant was operated upon, blood transfusion was given in addition to dripping of glucose bottles.

(3.) Learned Advocate for the appellant-claimants Mr. Karna H. Dhomse submitted that at the time of the accident, the original claimant was running "Maa Gayatri" Computer Classes and was earning Rs.10,000.00 per month. However, the claimant/s could not produce any documentary evidence and only after 2007, he was able to file his income tax returns. However, the income tax returns for the financial years 2004-2005, 2005-2006 and 2006-2007 were produced on record.