JENUBEN ALARAKHA SHEIKH Vs. GARASIYA BHAGVATSINH JILUBHA

JUDGEMENT

(1.) BY way of this Appeal the original claimant has challenged the judgement and order dated 13.6.1996 of the Motor Accident Claims Tribunal, Gondal, passed in M.A.C. Petition No. 421 of 1991, whereby the tribunal awarded Rs.92,000/- to the appellants with proportionate cost and interest at the rate of 12% per annum from the date of the claim petition till the realization.

(2.) THE short facts of this case are that on 22.9.1991, Alarakha Hajibhai was driving Taxi bearing Registration No.GTP-2217 along with other passengers viz. Shantilal, Ravindra Shantilal were also travelling in the said Taxi. THEy were going to Jamkandorna from Dhoraji and at that time, opponent no.1 was driving the truck bearing NO. GTA-3201 in a rash and negligent manner and dashed with the taxi and hence the accident took place. In the accident Alarakha Hajibhai and other two persons died.

(3.) KEEPING in mind the evidence on record the Tribunal has assessed Rs. 500/- as his income after deducting 1/3 from Rs. 750/- which was considered as income. In my view, looking to the evidence on record, Rs.1125/- should be considered as his income and after deducting 1/3 towards his expenditure his income would come to Rs. 750/- per month and Rs.750/- multiplied by 12 months come to Rs.9000/-. Upon adopting the multiplier of 15 years, the total amount comes to Rs.1,35,000/-. Considering 20% negligence, Rs.27,000/- should be deducted from the said amount. Hence, it comes to Rs. 1,08,000/-.