TAMUBEN RAJKUBHAI BORICHA Vs. MEHBUBBHAI ISMAILBHAI PATHAN

JUDGEMENT

(1.) Present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "MV Act") is filed by the appellants - original opponent claimants challenging the impugned judgment and award dtd. 22/10/2021 passed by the learned Motor Accident Claims Tribunal (Main), Botad (for short "learned Tribunal") in Motor Accident Claim Petition No.7 of 2019, whereby the learned Tribunal was pleased to partly allow the claim petition and awarded compensation of Rs.36,40,000.00 to the appellants - original claimants i.e. after deducting 20% towards contributory negligence of the deceased.

(2.) The brief facts leading to filing of present appeal are as follows:

(3.) Learned advocate Mr. Monarch Pandya appearing for the appellants - original claimants has submitted that the learned Tribunal has committed an error in considering contributory negligence on the part of deceased and in not considering the admitted income of the deceased which is produced and proved on record and meager compensation is awarded. He has further submitted that merely because there was a head-on collision, is not a ground to deduct the compensation towards contributory negligence of the deceased. In this regard, he has relied on the decision of the coordinate Bench of this Court in the case of United India Insurance Company Limited vs. Jentibhai Khimjibhai Parmar reported in 2017(0) ACJ 2809; Samjudaben Wd/o. Afjalkhan @ Kadarkhan Nasratkhan Makrani vs. Ahmuddin Suleman Muslim reported in 2024 JX (Guj) 1653 and Nishaben Champakbhai Patel vs. Nandlal T. Nishad reported in 2022(0) AAC 219 and has requested to allow the present appeal.