ICICI LOMBARD GENERAL Vs. SUBHASHBHAI RAMASHISH KASVA

JUDGEMENT

(1.) Heard learned Advocate Mr. Vibhuti Nanavati for appellant ICICI Lombard General Insurance Co. Ltd.

(2.) By filing this appeal, appellant insurance company is challenging award made by MACT Ahmedabad in MACP No. 167 of 2007 Exh. 39 decided on 3.9.2009 wherein Claims Tribunal has awarded Rs.4,09,000/- in favour of respondents claimants with 7.5 % interest. Brief facts of present appeal are as under:

(3.) Then, issues have been framed by claims tribunal at Exh. 19 and issue no.1 has been examined by claims tribunal after considering object and reasons of Section 163-A of Motor Vehicles Act while coming to conclusion that there is no question of any negligence on the part of driver of loading rickshaw. Accordingly, issue no.1 has been decided by claims tribunal. Before claims tribunal, one Sushash Ramashish Kushvah, owner of loading rickshaw has been examined at Exh. 37. He stated in his deposition that he has filed his written statement at Exh. 16. In his cross examination, it was admitted by him that deceased Yadram was his employee and serving as a driver and deceased was getting Rs.3000.00 per month as salary. Considering deposition of owner of loading rickshaw,quantum of compensation has been worked out by claims tribunal as per section 163A, read with 2nd Schedule of MV Act. Age of deceased has been decided on the basis of PM Report at Exh. 25. Income of Rs.3000.00 per month has been admitted by owner of loading rickshaw and thereafter, claims tribunal has considered certain decisions relied upon by both side and 1/3rd amount has been deducted as per second schedule from income of Rs.3000.00 and then, net amount comes to Rs.2000.00 per month, annual figure comes to Rs.24000.00 and looking to age of deceased 35 years, 16 multiplier has been applied and so, net figure towards dependency benefit has been worked out by claims tribunal at Ex.3,84,000.00 and then Rs.20,000.00 has been awarded towards loss of expectancy of life and Rs.5,000.00 for funeral benefits. So, in all, it comes to Rs.4,09,000.00 with 7.5 per cent interest awarded by claims tribunal.