MANIBEN GOPALBHAI PATEL Vs. DEVSI KALUBHAI

JUDGEMENT

(1.) PRESENT appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellants herein -original claimants challenging the impugned judgment and award dated 18.3.1991 passed by the learned Motor Accident Claims Tribunal (Main), Surendranagar passed in MACP No.213 of 1983 in so far as not awarding the full claim as prayed for and holding the drivers of both vehicles i.e. Truck No. GTY 5082 (driven by the deceased himself) and driver of Truck No.GTW 3636 negligent to the extent of 50% each.

(2.) IN a vehicular accident which took place on the night between 18-19.2.1983 at about 0.00 on National Highway No.8 A between Sayla and Nava Sudamda between Truck No. GTY 5082 and Truck No. GTW 3636 and driver of Truck No. GTY 5082 Patel Gopalbhai Harjibhai died. Therefore, the heirs and legal representative of the deceased Patel Gopalbhai Harjibhai i.e. Driver of GTY 5082 filed MACP No.213 of 1983 before the learned Motor Accident Claims Tribunal (Main), Surendranagar claiming Rs.2 lacs towards the compensation. That on appreciation of evidence and considering the fact that there was a head on collision, the learned Tribunal considering the FIR, panchnama and the deposition of the witness examined, held the drivers of both the vehicles responsible and negligent to the extent of 50% each. Accepting the case on behalf of the claimants that the deceased was earning Rs.1000/- per month considering the future rise in income considering datum figures at Rs.1200/- per month and thereafter deducting 1/3rd for the personal expenditure of the deceased, the learned Tribunal awarded future economic loss considering loss at the rate of Rs.800/- per month. Looking to the age of the deceased at 45 years, the Tribunal adopted multiplier of 15 and consequently the learned Tribunal awarded a total sum of Rs.1,54,000/- by way of compensation and considering the fact that the deceased himself was held to be 50% negligent and held that the claimants are entitled to Rs.69,500/- towards compensation with running interest at the rate 9% from the date of application till realization. Being aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal in holding the driver of the Truck No.GTY No.5082 negligent to the extent of 50% as well as in not awarding full claim as prayed for, the claimants-heirs and legal representative of the deceased Patel Gopalbhai Harjibhai i.e. driver of the Truck No.GTY No.5082 have preferred present First Appeal.

(3.) IT is further submitted that the learned Tribunal not awarded any amount for loss of consortium. IT is further submitted that considering the fact that it was the case of fatal accident, the Tribunal ought to have awarded at least Rs.15000/- towards loss of consortium. IT is further submitted that the Tribunal has materially erred in not awarding any amount towards funeral expenses etc. Therefore, it is requested to allow the appeal to the aforesaid extent.