ILABEN KAMLESHBHAI RAJYAGURU Vs. VIJAYSINH AMARSINH VAGHELA

JUDGEMENT

(1.) The challenge is to the judgment dtd. 6/4/2018 passed in MACP no.206/06 by the MACT (Aux), Bhavnagar.

(2.) The facts of the case as have been noted by the Tribunal suggest that on 1/2/2006, the deceased was driving his Honda Activa near Nilambaug and was going for his catering work at about 8.30 to 8.45 a.m. and one kilometer away from Nilambaug circle, near Swimming pool of Mahanagar Palika, the deceased met with an accident as truck driver of truck bearing registration no. GJ-1 TT-7372 came in a rash and negligent manner in full speed and dashed with Honda Activa. As a result, the deceased sustained serious injuries and succumbed to death. The Tribunal on assessment of the evidence has considered the driver of the truck solely negligent for the accident.

(3.) Advocate Mr. Premal Rachh for the claimants submitted that during the course of trial, evidence was given to the effect that the deceased was in catering work and he was proprietor of Tripura catering. His earnings were proved by way of income-tax returns for the year 2004-05 at Exh.35 and for the year 2003-04 at Exh.36 and thus, stated that the income tax returns were required to be considered by the Tribunal and merely on assumption, randomly Rs.2,500.00 per month has been considered by the Tribunal which is not in accordance to the evidence produced and proved during the trial. 3.1 Advocate Mr. Rachh further submitted that the consortium loss was required to be granted as per the decision in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram and Ors., reported in (2018) 18 SCC 130 to the dependents.