GIRVATSINH HIMMATSINH Vs. HARISHCHANDRA L SOLANKI

JUDGEMENT

(1.) THIS appeal is at the instance of the claimant in an application being Motor Accident Claims Petition No. 679 of 1988 under Section 110D of the old Motor Vehicles Act, and is directed against the order dated 28th February, 1991, passed by the Motor Accident Claims Tribunal [Main], Panchmahals at Godhra, thereby disposing of the said application, by awarding a sum of Rs. 89,000/- in favour of the appellant with interest at the rate of 12% per annum from the date of filing of the application till realization with proportionate costs, with further direction upon both, the owner of the vehicle and the Insurance Company to pay the said amount jointly and severally.

(2.) IT may not be out of place to mention here that the claim of the appellant before the Tribunal below was to the extent of Rs.2,63,000/-, but the Tribunal below restricted the said claim to Rs. 89,000/-.

(3.) THE learned Tribunal below, on consideration of the material on record, came to the conclusion that no evidence could be adduced in support of the claim that the victim used to earn the aforesaid amount. It was pointed out that ownership of the land by the victim had been proved, but it appears that the amount of land was negligible one and from the aforesaid amount of land, the income alleged by the claimant was not possible. Ultimately, the learned Tribunal below, by treating the income of the victim to be Rs. 9600/- per annum, came to the conclusion that the claimant was entitled to get Rs. 72,000/- for death by application of multiplier of 15 for the loss of dependency. In addition to that, Rs.5,000/- were awarded for pain, shock and suffering, Rs. 2,000/- for funeral expenses and thus, total sum of Rs. 89,000/- was awarded by way of compensation.