DAMJI RAMJI PARMAR Vs. KIRAN JAYPRAKASH VAGHAMSHI
LAWS(GJH)-2023-2-1316
HIGH COURT OF GUJARAT
Decided on February 17,2023

Damji Ramji Parmar Appellant
VERSUS
Kiran Jayprakash Vaghamshi Respondents


Referred Judgements :-

NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

- (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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