SATPAL RAMPAL KORI Vs. JAYANTIBHAI SHANKARDAS PATEL

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 15.07.2005 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 423 of 2001 in so far as the Tribunal awarded only Rs. 72,000/- by way of compensation to the original claimants along with 9% interest.

(2.) THE claimants filed the aforesaid claim petition claiming compensation to the tune of Rs. 3 lakhs on account of accidental death of one Rajpal Satpal Kori, who expired due to injuries sustained in the vehicular accident occurred on when he was riding a bicycle which was hit by a motortruck bearing registration no. GJ-1-X-3782 rashly and negligently. THE Tribunal after hearing the parties passed the aforesaid award. Mr. Prachchhak, learned advocate appearing for the appellants submitted that the Tribunal erred in quantifying the award at Rs. 72,000/- . He submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 15,000/- per annum. He has relied upon a decision of the Apex Court in the case of R.K. Malik & another vs. Kiran Pal and Others reported in AIR 2009 SC 2506.

(3.) THE Tribunal has assessed the income of the deceased at Rs. 15000/- per annum which is just and proper. Considering the claimants being parents, 50% ought to have been deducted by way of personal expenses. Accordingly, the loss of dependency per annum comes to Rs. 7500/-.