LAWS(GJH)-2012-3-161

NIRANJANBHAI RASIKLAL SHAH Vs. KHODABHAI DEVUBHAI BORIYA

Decided On March 14, 2012
Niranjanbhai Rasiklal Shah Appellant
V/S
Khodabhai Devubhai Boriya Respondents

JUDGEMENT

(1.) APPEAL against the judgment and award, dated 29.02.2000, of the Motor Accident Claims Tribunal(Main), Surendranagar, rendered in M.A.C.P. No.205 of 1995, whereby the tribunal awarded Rs.1,86,600.00 to be recovered from respondent Nos. 1 to 3, herein, together with running interest at the rate of 12 per cent per annum.

(2.) BRIEF facts of the case, as emerging from the record are as under:

(3.) ON the basis of the material as stated above, the tribunal assessed the monthly income of the deceased Parulben at Rs.1200.00 per month and after deducting 1/3 amount towards the personal expenses of the deceased, arrived at the figure of Rs.800.00 to be the monthly loss of dependency of the appellants. After arriving at the figure towards monthly loss of dependency, the tribunal, then, proceeded to decide the multiplier. Considering the age of the deceased Parulben I.e. 39 years, the tribunal applied the multiplier of 16 years and then arrived at the figure of Rs.1,53,600.00. The tribunal, besides the aforesaid amount, awarded Rs.30,000.00 towards loss of consortium and loss of estate and Rs.3,000.00 towards transportation and funeral expenses. Accordingly, the tribunal arrived at the figure of Rs.1,83,600.00 towards compensation, to be paid by respondent Nos. 1 to 3. The said amount has been ordered to be paid along with running interest at the rate of 12 per cent.