MOOT PROBLEM

On, 4-7-2009, Anu a minor girl aged 13 and her little brother Anand, aged
10 (the pillion riders) were going on the motor cycle to their village Halol from
Ahmedabad with their father Mr. Ajit Solanki aged 35 years riding the motor
cycle No GUI 9168. While driving Motorcycle on the road a tractor baring
number GJ1-K 2013 driven by Shankar Singh collide with the motorcycle
exactly at the middle of the road which the appellant was driving. Due to that
the front wheel of motor cycle was separated from the body of the motor cycle,
as a result the appellant fell down along with his kids and they all sustained
injuries. They all were admitted to the nearest Hospital at Halol.
After medical examination it was concluded that the appellant minors had
multiple fractures on their body. They had to undergo surgeries at Civil
Hospital, Sola. The appellant father had severe head injuries, the appellant
father was examined and it was opined by Dr. Hitesh Shah Orthopaedic surgeon
that he had 50% permanent disability. On further medical examination it was
found by Dr. Shah that appellant minor daughter had 30% permanent disability
and minor son has 20% permanent disability.
A first information report was lodged in Halol police station against the
driver for offending tractor under sec 279,337 and 338 of penal code, 1860 (in
short IPC)
The appellant filed the claim petition before the Motor Accidents
Tribunal, Ahmedabad on 18.09.2010. He claimed compensation for disability of
himself and his children and stated his current income to be Rs 21,00,000/- per
annum of which he was earning Rs 6 Lacs from Carpenter Business and 15 Lacs
from Agriculture. He also produced Income Tax returns filed for AY 2007-08
and 2008-09 and 2009-2010 all filed on 31.03.2010 showing his income from
for years as Rs 12 Lacs, 15 Lacs and 19 Lacs Respectively. He owned a small
piece of land of 5Acre at Dholka on which he took crops twice a year. The
Insurance Company of the tractor produced a study conducted by the forensic
Engineers and scientists stating that the cases of the wheel of the motor cycle
coming off in an accident are very rare. The accidents do occur due to the wheel
coming off it is because of the rusting of the bolt, or the studs of the tyre of the
motor cycle being old, rusting of the axle of the wheel.

The Tribunal after considering the facts, evidences produced on records by

its decision dated 16/08/2015 apportioned contributory negligence at 50% on
the part of appellant father who was riding the motorcycle and 50% on the
driver of the tractor. The tribunal awarded compensation amounting to Rs.
772,672 to appellant daughter, Rs.168,938 to son and Rs. 1,22,250 to appellant
father under various heads together with the interest at the rate of 6% interest
per annum.
Being aggrieved by the award passed by the Tribunal, the appellants filed
an Appeal on 23.11.2015 before the High court of Gujarat, Ahmedabad for the
enhancement of compensation.
The appeal is admitted by the High Court and is listed for Final hearing.

Disclaimer: This problem is the hypothetical moot problem. It is only for

the academic purpose having no concern with any of the pending/decided
cases before any court and all details and name of parties are fictitious and
nothing to do with the reality, even if found similar it is only coincident.