JASHODABEN RAKESHBHAI DAYRA Vs. SHAIKH SHABBIRBHAI RASULBHAI

JUDGEMENT

(1.) The claimants challenged the judgment and order dtd. 1/10/2018 passed by the MACT (Aux), Dahod at Limkheda in MACP no.1654/17 (old MACP no.361/14).

(2.) The accident took place on 5/8/2013. The deceased Rakeshbhai was going on motorcycle bearing registration no. GJ-20 Q-4697 along with Bhurabhai. At about 16.00 hrs., they had stopped the motorcycle to answer the nature's call and thereafter, were standing near the motorcycle on the side of the road. At that time, motorcycle bearing registration no. GJ-20 M-9653 came in a rash and negligent manner, lost control over the vehicle and dashed the motorcycle with deceased Rakeshbhai. As a result, he sustained injuries and succumbed to death during the treatment.

(3.) Learned advocate Mr. Maulik Soni for the appellants submitted that the deceased was 23 years at the time of the death and was doing centering work and earning income from agriculture work and as per the claimants, he was earning about Rs.10,000.00 per month. Advocate Mr. Soni submitted that considering the age, prospective rise in income was also required to be added to grant just compensation and further submitted that the dependents are widow and two minors and therefore, compensation towards loss of consortium was required to be granted to all the claimants.