CHAUHAN VIKRAMSINH NANSINH Vs. ZALA ARJUNSINH FATESINH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dated 9.11.2009 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar in MACP no.1388 of 2005, the appellants - original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(2.) Following noteworthy facts emerge from the record of the appeal:- That, the accident occurred on 26.9.2005 at around 08:45 a.m. near Madhavgadh Patiya Talvadi. It is the case of the appellants - original claimants that the deceased Kanchanba, her daughter and her brother were travelling in a jeep bearing registration no. GJ-1 AP-7189 and when the said jeep was passing through Madhavgadh Patiya Talvadi, a truck bearing registration no. GJ-9 V-8732 being driven in a rash and negligent manner and dashed with the jeep because of which the jeep run away in the road side and Kanchanba sustained serious injuries and succumbed to the same. An FIR was lodged with the jurisdictional Police Station and the original claimants filed the claim petition under Section 166 of the Act and claimed compensation of Rs.5,00,000/-. The appellants-original claimants have also relied upon the oral deposition of the appellant no.1 at Exh.41 and also adduced evidence, such as, FIR Exh.30, Panchnama Exh.31, inquest Panchnama Exh.35, postmortem report Exh.36, charge-sheet Exh.37, insurance policy of truck Exh.45. It was the case of the appellants that the deceased - Kanchanba was housewife and was earning Rs.5,000/- per month from the agriculture work and animal husbandry. The Tribunal did not believe the oral version, but determined the income of the deceased at Rs.1,500/- per month and applying multiplier of 17, after deducting one-third, awarded a total sum of Rs.2,04,000/- under the head of future loss of dependency. The Tribunal was also pleased to grant Rs.23,000/- under different conventional heads including funeral expenses and thus, awarded total compensation of Rs.2,27,000/- with 6% interest per annum. However, while partly allowing the claim petition, the Tribunal came to the conclusion that the drivers of both the vehicles were negligent and attributed negligence of the truck driver to the extent of 70% and that too, of the jeep to the extent of 30%. It is further provided by the Tribunal that the insurance Company of the truck and the owner of the jeep may satisfy the award in the same ratio. Being aggrieved by the same, the present appeal is preferred by the appellantsoriginal claimants.

(3.) Heard Mr. R.K. Mansuri, learned advocate for the appellants - original claimants and Mr. Palak Thakkar, learned advocate for the insurance Company. Though served, no one appears for the other respondents.