JUDGEMENT
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(1.)This appeal is filed under Sec. 173 of the Motor Vehicles Act being aggrieved and dissatisfied by the judgment
and award dtd. 11/8/2017 passed in MACP No.535 of 2006 by
Motor Accident Claims Tribunal, (Aux), Bhuj-Kachchh. The
claimant has raised the ground that negligence which has been
attributed to him is not consistent with the evidence on record
and has also raised the ground that the Tribunal concerned
ought to have granted prospective rise as he is a skilled
labourer.
(2.)Mr.Hemal Shah, learned advocate for the appellant submitted that when the appellant-claimant could not
substantiate the income by leading any cogent evidence on
record, however, as he was a skilled labourer, reasonable
amount should have been considered while granting
prospective rise in income. Mr.Shah further stated that the
claimant was on Luna Moped bearing registration No.GJ-12 B-
2666, while the vehicle which had come from behind was motor cycle bearing No.GJ-12 AH-2548 and it had dashed with
Luna Moped. Thus, it has been submitted by Mr.Shah that it
was an absolute negligence of the motor cyclist, who had
dashed with claimant from rear side.
(3.)Countering the same, learned advocate, Mr.Mazmudar submitted that in pursuance of FIR produced and the evidence
on record, learned Tribunal has rightly observed that every
driver of the vehicle has to take care of other vehicles
including cyclists and pedestrians and the control on the
vehicle should be maintained so as not to let any friction or
collision. Mr.Mazmudar submitted that, at the relevant time,
the applicant was going on a Luna Moped and had he been
vigilant, the accident could have been avoided.
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