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BIREN VAISHNAV, MAULIK J. SHELAT
Mayuraben Pareshbhai Patel – Appellant
Versus
D T Patel – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. The present appeal is filed under Section 173 of the Motor Vehicle Act by the original claimants challenging judgment and award dated 18.04.2011 passed by the Motor Accident Claims Tribunal, (Auxiliary) Ahmedabad (Rural) in Motor Accident Claim Petition No. 1223 of 1997. Parties are referred as per their original position.
2. Short facts:
2.1 On 25.03.1997 the deceased Pareshbhai Nandubhai Patel was riding his scooter bearing registration No.GBN 7703 from Gota towards Chandlodiya at about 7:30 pm in the evening and when he reached near Bhavani Auto Care, at that time opponent No.1 came with his tanker bearing registration No.GRX 4091 from the opposite side in rash and negligent manner dashed with scooter of deceased and ran wheel over the deceased.
2.2 It is the case of claimants that due to rash and negligent driving on the part of the driver of tanker which came on wrong side and dashed with the scooter of the deceased, he has sustained injuries and succumbed to it.
2.3 The claimants are legal heirs of deceased Pareshbhai who died in vehicular accident filed claim petition under Section 166 of the Motor Vehicle Act (hereinafter referred to as ‘M. V. Ac
The court determined that the driver of the tanker was solely negligent in the accident, overturning the tribunal's finding of contributory negligence and awarding additional compensation to the clai....
The court established that both contributory negligence and compensation calculations must reflect a fair assessment of income and future prospects in motor vehicle accident claims.
The court ruled that the absence of the truck driver required an inference of sole negligence, overturning the Tribunal's finding of contributory negligence against the deceased.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The court modified the contributory negligence of the deceased from 20% to 10% and awarded additional compensation based on future income considerations.
Point of law : 1/3rd is to be deducted from total income and when so deducted the total loss of income would be Rs.14,000/- per month and the multiplier which is adopted being 14 taking into consider....
The court found the deceased was not negligent in causing the accident, attributing 100% negligence to the other driver, and recalculated compensation based on proper income assessment.
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
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