VECHANBHAI RAMJIBHAI VASAVA Vs. JAYRAJSINH SITARAMSINH

JUDGEMENT

(1.) Both the First Appeals arise out of the common judgment and order dtd. 18/12/2021 passed by MACT (Aux), Bharuch in MACP nos.174/14 and 175/14.

(2.) Facts of the case as could be culled out from the impugned judgment suggest that on 19/5/2014, both the deceased of connected matters were going from Netrang to Dediapada on motorcycle bearing registration no. GJ-05 ED-1861. They were on the side of the road with moderate speed, at that time, a trailer bearing registration no. CG-4 G3625 came on the wrong side in an excessive speed rashly and negligently and dashed the motorcyclist. As a result, both of them sustained injuries and succumbed to death at the place of accident. The deceased Kiran Vechanbhai Vasava was aged about 23 years, while the deceased Samel Sanjaybhai Vasava was aged about 20 years at the time of the accident.

(3.) Since it was urged before the Tribunal that both the deceased were doing agriculture work, the Tribunal assessed the monthly income as Rs.3,513.00. Advocate Mr. Bhalodi submitted that such an assessment is not in accordance to the minimum wages schedule and has submitted that the definite amount as approved by the State was required to be granted.