DEVJIBHAI BHIKHAJI RAJPUT Vs. VADANJI KANAJI THAKOR

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - original claimants being aggrieved and dissatisfied with the judgment and award dtd. 25/9/2017 passed by the Motor Accident Claims Tribunal, Palanpur in Motor Accident Claim Petition No.68 of 2016.

(2.) Brief facts of the case are as under:

(3.) Learned advocate for the appellants - claimants has submitted that there is no evidence on record the deceased was riding the motorcycle at the time of accident. Secondly, the learned Tribunal has assessed the compensation on lower side. He would further submit that since learned Tribunal erred in believing that deceased Pravinbhai was riding the motorcycle at the time of accident, it jumped to the conclusion to assess 50% self negligence of deceased and erroneously deducted 50% amount towards self negligence of the deceased. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc.