DHARMENDRASINH SUKHUBHA JADEJA Vs. NATHU MERAMAN

JUDGEMENT

(1.) The appellants have assailed the judgment and award dated 15.02.2006 passed by MACT (Aux.), Fast Track Court No.3, Jamnagar in MACP No.753 of 1997 as they are not happy with the quantum of compensation.

(2.) Facts in brief giving rise to the present appeal as could be gathered from the impugned judgment in paragraph No.2 are that on 30th Sept. 1997, deceased Dharmendrasinh Sukhubha of M.A.C.P. No. 753/1997 and Babubhai Karabhai of claim case No.752/07 were traveling in the offending truck No. GJ-12-T-8022 with full load fertilizer and deceased was the driver and applicant of claim case no. 752/97 was the cleaner in the offending truck and when they reached on Jamnagar - Rajkot highway road near village Khamta at that time driver of truck No. GJ-11-U-8771 owned by opponent No.1 has driven his truck in rash and negligent manner and in excessive and in wrong side and dashed with the applicants truck as a result, the deceased of claim case No.753/07 sustained fatal injuries and he died on the spot and on the day of accident he was serving as driver in the involved truck owned by opponent No.3 - and was earning Rs.2500.00 and the applicant of claim no.752/97 sustained fractured injuries in his finger of right hand and also sustained injuries on left hand and right leg and head for that he was admitted in G.G. Hospital and plaster was applied for his fractured finger of right hand. He has stated that he has spent huge amount towards medicines, rich diet, transportation etc. on the day of accident he was cleaner in the offending truck and was earning Rs.1500.00 per month. So both the applicants have filed this application for getting compensation from the opponents under Sec. 166 of the M.V. Act.

(3.) The learned Tribunal, by the impugned judgment and award, held the deceased to be responsible for contrary negligent to the extent of 50%, and accordingly, exonerated the respondent No.2-owner of the truck, which the deceased was driving, and its insurer respondent No.4-Insurance Company. The Tribunal determined Rs.2,63,000.00 as admissible compensation to the appellants and reduced it by 50% towards the contributory negligence of the deceased, and accordingly, the appellants were held entitled to Rs.1,31,500.00 to be recovered from the respondent Nos. 1 and 2 herein with 7.5% interest.