VIMALABEN RATILAL MORE Vs. SUKHMAY K. ROY

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. 7/6/2014 passed by the Motor Accident Claims Tribunal, Surat in Motor Accident Claim Petition No.89 of 2010.

(2.) Brief facts of the case are that husband of the appellant namely Ratilal More on 24/12/2009, was going on his bicycle carrying the goods for selling nuts and grams. It is submitted that he was driving his bicycle slowly. cautiously, observing the rules of traffic. It is submitted when he was passing near the place of accident, at that time, the driver of Splendor Motorcycle No.GJ-5-EQ-3023 came driving his motorcycle in full speed, rashly and negligently, and in the manner endangering human life and without blowing horn, and dashed with the bicycle on which the deceased was going, causing accident. It is submitted that due to said collision the deceased sustained serious injuries on head and on various parts of the body, and he succumbed to the said injuries and died. Therefore, the appellants have filed claim petition to the tune of Rs.Rs.3,82,833.00 against the respondent.

(3.) Finding fault with impugned judgment and award, learned advocate Mr. Modi would submit that in case of Jawahar Singh Versus Bala Jain, 2011 (6) SCC 425, in a case where the offending vehicle was driven by minor and had no licence, the Hon'ble Apex Court passed order of pay and recover. The ratio laid down in that case is failed to notice by the learned Tribunal and therefore, the learned Tribunal has committed serious error. Second submission of learned advocate Mr. Modi is that for calculation of just and fair compensation, the learned Tribunal has taken up the income of the deceased to Rs.2500.00 per month, however, the rate of minimum wage was much more than it. Therefore, he would submit that yearly income of the deceased is to be taken at Rs.40,000.00 and also submitted that the amount of compensation is to be assessed on the structure formula as per second schedule annexed to Sec. 163A of the MV Act since the claim petition was filed u/s 163A of the MV Act on the ground of no fault liability. The above two grounds are urged to allow the First Appeal.