NEW INDIA ASSURANCE CO LTD Vs. MANJUBEN DEVJIBHAI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 30/6/1999 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot in Claim Case No.76/1993 whereby, the claim petition was partly allowed and the respondents, original claimants, were awarded Rs.1,40,000/- as compensation along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.

(2.) THE facts in brief are that on 22.02.1993 at about 0815 hrs. while Devjibhai Nanjibhai was going towards Rajkot on his bicycle, an auto-rickshaw bearing registration no. GTX 3472, driven by respondent no.6, owned by respondent no.7 and insured with the appellant-Insurance Company, dash the bicycle. As a result thereof, Devjibhai sustained severe bodily injuries and ultimately, died during the pendency of the claim petition. THE Tribunal partly allowed the claim petition by way of the impugned award. Hence, this appeal.

(3.) HEARD learned counsel for the respective parties. It is not in dispute that the claim petition was originally filed by the deceased. In the unamended claim petition, it was no where averred that the injuries sustained by the deceased in the accident had aggravated. It was only after the death of the original claimant that the claim petition was amended by the legal heirs of the deceased and averments were made relating the cause of death of the deceased with the injuries sustained in the accident. Considering the facts of the case and the principle laid down in the above decision, the respondents-original claimants shall be entitled for income only under the heads of loss of estate to the tune of Rs.20,000/- in view of the decision rendered by Apex Court in Sarla Verma v. Delhi Transport Corporation and another, (2009) 6 S.C.C. 121 and Rs.5,000/- towards funeral expenses. The claimants shall not be entitled for income under the head of future loss.