INDUBEN DAMJIBHAI KAPURIA Vs. HARESHKUMAR LAXSHMANBHAI NAKUM

JUDGEMENT

(1.) INSTANT appeal has preferred under Section 173 of Motor Vehicles Act, by one of the claimant for enhancement of the amount of compensation to the extent of Rs.3,77,000/ - against the judgment and award dated 30th November, 1996 delivered by the Motor Accident Claims Tribunal (Main) Rajkot, District : Rajkot, in Motor Accident Claims Case No.700/1991.

(2.) THE present appellant as well as the present respondent No.4 both being claimants filed Motor Accident Claims Case No.700/1991 for compensation of Rs.15,00,000/ - for the death caused of Sureshbhai Odhavjibhai Ajudia in a vehicular accident on 8th October, 1991 in the city of Rajkot. The present Appellant Induben Damjibhai Kapuria happened to be widow of the deceased and second claimant, respondent No.4 herein happened to be mother of the deceased. As per brief facts, on 8th October, 1991 deceased Sureshbhai Odhavjibhai Ajudia was driving a scooter of Vespa make bearing No.GJ -3 -C -4195 on Gondal Road at Rajkot and at that time, Jeep Car No.GJ -3 -9159 came from the opposite direction and head on collision occurred between two vehicles. It is the case of the claimants that the Jeep was driven by opponent No.1 - Hareshkumar Laxmanbhai Nakum, respondent No.1 herein rashly and negligently and with a very high speed and on account of the said rash and negligent driving of original opponent No.1, the said Jeep Car dashed with the scooter driven by the deceased Sureshbhai Odhavjibhai Ajudia. Original opponent No.2 - National Mineral and Chemical Company Limited were the owner of the Jeep. Original opponent No.3 - New India Insurance Company Limited, Rajkot was the Insurance Company of the Jeep. While the same Insurance Company, opponent No.4 was the Insurance company of the scooter. It is further the case of the claimants that on account of the said collision, the deceased was knocked down on the road and suffered grievous injuries and ultimately the deceased succumbed to the injuries sustained by him in the said accident. It is the case of the claimants that deceased died on account of rash and negligent driving of the original opponent No.1 and, therefore, all the opponents were liable to pay compensation to the claimants vicariously. It was further the case of the claimants that deceased Sureshkumar was aged about 24 years at the time of accident and his date of birth was 2nd May, 1967. He was holding valid driving licence and was qualified as M.B.B.S and was practicing Doctor. The deceased was appointed as a Doctor in Public Health Centre in District Panchayat, Jamnagar in the pay -scale of Rs.2,200/ - to Rs.4,000/ - and 60% D.A. and House Rent of Rs.600/ - per month plus nonpracticing allowance and, therefore, the monthly salary of the deceased was about Rs.4,800/ -. The deceased was admitted in post graduation course of M.D. In Irwin Hospital at Jamnagar. That the deceased was married with the appellant and she was staying at USA with her parents. The deceased was, auspicious to proceed to USA and, therefore, he had not accepted the order of appointment in Jamnagar District Panchayat nor he was interested in studying in M.D. Course. At the time of the accident, the deceased was serving as Medical Officer In Hiralal Jechand Doshi Sarvajanik Medical Research Centre at Rajkot and was getting monthly salary of Rs.3,500/ - and was earning Rs.1,500/ - by attending private medical practice. That the deceased had also undertaken research work to identify the causes of pyorrhea disease in Saurashtra Region. Had the deceased proceeded to USA after taking decree of M.D. then he would have been in a position to get Rs.10,000/ - per month easily and even in private practice as well, he would have earned more than Rs.10,000/ - in India. Therefore, on account of dependency loss in all Rs.32,00,000/ - were claimed. But claim was restricted to Rs.15,00,000/ -. The opponents were served, but the matter was contested by the Insurance Company only wherein the aspect of rash and negligent driving on the part of the opponent No.1 as well as the quantum of compensation claimed by the claimants were contended. From the pleadings, the Tribunal framed the issues that whether the deceased sustained injuries and died on account of rash and negligent driving of the Jeep Car by the opponent No.1 and that what amount of compensation, claimants were entitled to by way of compensation and from which of the opponents.

(3.) LEARNED Tribunal came to the conclusion that in causing accident, opponent No.1 i.e. Jeep driver was negligent to the extent of 65%, while deceased was negligent to the extent of 35%. In all Tribunal awarded the compensation of Rs.4,80,000 with interest at the rate of 12% and proportionate costs from all the opponents jointly and severally.