SORAMBEN DUNGARBHAI BHIL Vs. ISHWARBHAI SOMJI MAKWANA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 12.11.2008 passed by the learned Motor Accident Claims Tribunal (Auxi), Palanpur in Motor Accident Claim Petition No.567 of 2005 whereby the Tribunal has awarded a sum of Rs.2,13,500/ along with interest at the rate of 9% per annum.

(2.) ON 06.12.2005 Dungarbhai Shankarbhai Bhill was traveling in a jeep on DeesaDhenera Road. At that time a truck came and dashed with the jeep. The said Dungarbhai sustained serious injuries and ultimately succumbed to the same. The legal heirs therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed. The present appeal is at the instance of the claimants for enhancement of the compensation.

(3.) IN short the only aspect to be considered in this appeal is whether the appellants have proved the income of the deceased or not. According to the Tribunal, except the bare statement that the yearly income was Rs.40000/ no evidence is produced on record to show that the income of the deceased was Rs.40000/. The appellants have also failed to bring on record any document showing that the deceased was working as a driver. Consequently the Tribunal has adopted notional income of Rs.15000/. Even before this Court the appellants have failed to point out that the income of the deceased was more than Rs.15000/ per annum. Consequently the calculation adopted by the Tribunal is also just and proper.