JAMNADAS AMRUTLAL PUROHIT Vs. BABUBHAI VALIMOHMED MAJOTHI

JUDGEMENT

(1.) IN respect of the vehicular accident that took place on 30.10.1991 involving a Tanker bearing registration No. GTF 2257 and in which Haresh @ Hitesh Jamnadas expired, the legal heirs of deceased preferred claim petition being M.A.C.P. No.959/1991 before the Motor Accident Claims Tribunal (Main), Junagadh claiming total compensation of Rs.3.40 Lacs. The said claim petition came to be allowed in part, by judgment and award dated 21.10.2000, whereby, the claimants, appellants herein, were awarded compensation of Rs.1,02,000/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.

(2.) BEING dissatisfied with the compensation awarded, the claimants have preferred the present appeal for enhancement. The main grounds under which the appellants have prayed for enhancement is that the Tribunal ought to have deducted ? instead of 1/3

(3.) HEARD learned counsel for the respective parties. It appears from the record that before the Tribunal the claimants had not produced any documentary evidence to prove the income of deceased. Therefore, the Tribunal assessed the notional monthly income at Rs.1,500/-, which, in my opinion, is just, legal and appropriate. However, I find that while calculating amount under the head of dependency benefit, the Tribunal has erred in deducting 1/3