KANKUBEN KANABHAI VIRADA Vs. DEVDAN KANA AYAR

JUDGEMENT

(1.) THIS first appeal arises out of a judgment and award rendered by the Motor Accident Claims Tribunal, Gandhidham-Kachchh, dated 02.06.2004, in M.A.C.P. No.1258 of 1999,.

(2.) PRESENT appellants were the claimants before the tribunal, who had claimed a compensation of Rs.6,00,000/- on account of death of one Kana Teja Virada, caused in a vehicular accident, which took place on 28.12.1992. According to the claimants, the deceased was working as cleaner on a tanker bearing registration No. GQY 4877 and was earning Rs.2400/- per month. The claim of the claimants did not find any favourable consideration from the opponents and the opponents denied their liability. The accident took place when the vehicle in which the deceased was travelling colluded with a truck bearing registration No. GTW 8659. According to the claimants, accident occurred because of rashness and negligence on the part of driver of the tanker.

(3.) THE tribunal assessed the monthly income of the deceased at Rs.1500/-, as against the documentary evidence of Rs.4500/-. Hence, the tribunal ought to have taken into consideration the income of the deceased with future prospects. THE income of Rs.2400/- ought to have been doubled, which would come to Rs.4800/- and an addition of Rs.2400/- thereto would bring the amount to Rs.7200/- and on dividing the said amount with two, the monthly income of the deceased would come to Rs.3600/-. From the said amount, after deducting 1/3 amount towards expenses of the deceased on self, the monthly loss of dependency would come to Rs.2400/- and the annual loss of dependency would come to Rs.28800/-. Considering the age of the deceased and the age of the claimant No.1-Kankuben, who is aged about 23 years, a multiplier of 18 can be safely awarded. Thus, the amount under the head of loss of dependency would come to Rs.5,18,400/-. As against this, the tribunal has awarded Rs.2,70,000/- under the said head. THE appellants shall, further, be entitled to an amount of Rs.20000/- as conventional amount. Thus, the total amount of compensation would come to Rs.5,38,400/-, as receivable by the claimants.