JOSHNA Vs. HAJARI SINGH

JUDGEMENT

(1.) The instant misc. appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 ['the Act of 1988'] challenging the validity of the judgment/award dtd. 12/7/2000 passed by the learned Judge, MACT, Sirohi ['learned Tribunal'] in MAC Case No.128/2015 (CIS No.130/2015) whereby the learned Tribunal partly allowed the claim petition of the appellants and awarded Rs.11,10,700.00 as an amount of compensation with interest @ 7.5% per annum while holding respondents liable jointly and severally.

(2.) Brief facts of the case are that on July 25, 2014, the deceased, Prakash Kumar, was traveling on a motorcycle bearing registration number RJ-24-SG-3662 with Kasturaram. They were enroute from Kareli to Prakash Kumar's village, Vasan, via Revdar. Kasturaram was driving the motorcycle while Prakash Kumar was seated on the rear seat. Around 8:30 PM, as they reached the vicinity of VTC Hotel within the limits of Revdar, Kasturaram stopped the motorcycle by the roadside to relieve himself. Prakash Kumar remained standing near the motorcycle. At that moment, the driver of a truck bearing registration number RJ-32-GA-2752 -Driver of the offending vehicle, who had parked the truck a little ahead of the motorcycle, carelessly and suddenly reversed the truck at high speed without any signal, horn, or indicator. In an attempt to avoid the truck, Prakash Kumar tried to move the motorcycle back, but due to the truck's excessive speed, a severe collision occurred between the truck, the motorcycle, and Prakash Kumar. As a result of the accident, Prakash Kumar sustained multiple serious and minor injuries to his head, arms, legs, ribs, and other parts of his body, and the motorcycle was also damaged. Due to the injuries sustained in the accident, Prakash Kumar passed away during treatment at Lions Hospital, Mehsana, on August 1, 2014. A report of the incident was registered at the Revdar Police Station under FIR No. 67/26/7/2014. Following an investigation, the police filed a charge sheet against the truck driver, Hanjari Singh, under Ss. 279 and 304A of the Indian Penal Code before the competent court.

(3.) Learned counsel for the appellant contends that the wife of the deceased has unequivocally testified that her husband was employed in embroidery work under Prakash Bhai Patel in Ahmedabad, Gujarat, earning a monthly income of Rs.12,000.00. It is therefore submitted that the learned Tribunal ought to have assessed the income of the deceased in light of this deposition, considering the nature of his employment.