ORIENTAL INSURANCE CO. LTD. Vs. NASIBKHAN MAHEMUDKHAN PATHAN

JUDGEMENT

(1.) Both the appeals arise from the common judgment passed by Motor Accident Claims Tribunal (Auxi.), Sabarkantha, Dist. Modasa in MACP No.1138 of 2013 and MACP No.1139 of 2013.

(2.) The facts of the case, as were pleaded before the Tribunal, suggest that on 25/11/2007, at about 11:15 hours in the afternoon, on Motorcycle No.GJ-9-AE-6649, two sons of the claimants were going from Maalpur to village Limbole, Taluka - Vaw, Dist. Banskantha to attend their job. The motorcycle was driven by younger son Imrankhan Nasibkhan Pathan while the elder brother Javedkhan was as a pillion rider. On the road, near the bus stand of village Sakariya, Tanker No.RJ-01-G-5632, came in full speed and in rash and negligent manner, and it is stated by the claimants that, it dashed the motorcycle, and the motorcycle was flunged at a distance of about 20 Foot. Both the sons sustained grievous injuries and succumbed to death.

(3.) The claimants - parents had stated that both their sons were working as 'Vidhya Sahayaks' in a primary school, and as per government policy were on fixed salary, and thereafter on being regularized, after completion of five years term, they would have received salary of about Rs.18,136.00, and, accordingly had prayed for 50% prospective rise in income.