The court emphasized the need to accurately assess contributory negligence and the appropriate income level for deceased students when determining compensation under the Motor Vehicles Act.

ORDER :

MOOL CHAND TYAGI, J.

1. Both the captioned appeals are arising out of the common impugned judgment and award dated 18.07.2024 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Gondal in MACP No.37/2020 and MACP No.38/2020, therefore, both the captioned appeals are decided analogously.

2. The brief facts leading to file the present appeals are that the claimants of both claim petitions have filed the claim petitions under Section 166 of the Motor Vehicle Act, 1988 for getting the compensation of Rs.18,00,000/- in each case towards the compensation on account of the death of Hirenbhai Bhikhubhai Vekaria and Abhaybhai Ravjibhai Parmar in vehicular accident which occurred on 12.03.2020. On 12.03.2022, Hirenbhai Bhikhubhai Vekaria was riding the motorcycle bearing registration no.GJ-03-DM-3290 while Abhaybhai Ravjibhai Parmar was the pillion rider. They both were returning after appearing in the examination of 12th standard from Gondal to their village-Mota Dadva and when they reached on Gondal-Ghoghavadar Road near Ghoghavadar Chok, in the meantime, the driver of BMW Car bearing registration no.GJ-03LB-4554 came driving his car from the opposite direction in excessive speed in rash and negligent manner, so as to endanger the human life and without observing the traffic rules and dashed with the motorcycle. Resultantly, both the deceased sustained grievous injuries and succumbed to the injuries. It has been awarded in the petition that the accident occurred due to the sole negligence on the part of driver of BMW Car bearing registration no.GJ-03LB-4554.

3. The summons of both the claim petitions were duly served upon the insurance company. The insurance company had filed the written statement at Exhs.13 and 14 respectively and denied all the averments made in the claim petitions. It was also contended that the accident took place owing to the sole negligence of the rider of the motorcycle and alternatively, it has been pleaded that the accident occurred owing to the contributing negligence of the rider of the motorcycle as well as the driver of the car. The insurance company also denied the time, the factum of accident, age, income etc. and prayed for dismissal of both the claim petitions.

4. In MACP No.37/2022, the learned Tribunal has framed the following issues at Exh.16:-

1. Whether the applicants prove that the deceased died in a vehicular accident due to the negligent driving of the driver of vehicle BMW Car No.GJ-03LB-4554?

2. Whether the applicants prove that they are entitled to the amount of compensation claimed? If yes, then what amount and from whom?

3. What order?

5. While in MACP No.38/2022, the learned Tribunal has framed the following issues:-

1. Whether the applicants prove that the deceased died in a vehicular accident occurred in between Vehicle No.GJ-03LB-4554 and Vehicle No.GJ-3DM-3290 due to the negligent driving of the driver of Vehicle No.GJ-03LB-4554?

2. Whether the applicants prove that they are entitled to the amount of compensation claimed? If yes, then what amount and from whom?

3. What order?

6. In order to prove the claims, the original claimants have led the following oral as well as documentary evidences on record:-

ORAL EVIDENCE