LAWS(GJH)-2011-12-179

MANCHHIBEN Vs. CHANDRAKANT GORDHANBHAI DESAI

Decided On December 02, 2011
MANCHHIBEN Appellant
V/S
CHANDRAKANT GORDHANBHAI DESAI Respondents

JUDGEMENT

(1.) BY way of filing this appeal, the appellant-insurance company has challenged the common judgment and award dated 30

(2.) TH October 1987 passed by THe learned Motor Accident Claims Tribunal (Main), Baroda in Motor Accident Claim Petition No.154 of 1984 whereby THe Tribunal was pleased to partly allow THe claim petition filed by THe appellants and awarded THe compensation of Rs.70,600 as against THe claim of Rs.1,50,000/- along wiTH interest at THe rate of 12% per cent for annum from THe date of THe application till realisation.

(3.) THE learned Judge of the Tribunal has assessed the montly income of the deceased at Rs.500 per month and after deducting an amount of Rs.100 towards personal expenses, arrived at the loss to the family at Rs.400 per month and Rs.4800 per year. Considering the age of the deceased as 38 years, he adopted the multiplier of 12 and granted Rs.57,600 towards the future loss of income. He has also awarded Rs.10,000 as conventional compensation for loss of expectation of life and Rs.3,000 under the head of pain, shock and suffering. Thus, in all, an amount of Rs.70,600/- was granted to the claimants as against their claim of Rs.1,50,000/-. 3. Heard Mr R.N. Shah, learned counsel for the appellants and Mr Sunil Parikh for the respondent ? insurance company and perused the record.