BHARATSINH JATUBHA JADEJA Vs. SHARDABEN L SAVANI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated

(2.) 04.2004 passed by the Motor Accident Claims Tribunal (Auxi.), Bhavnagar in Motor Accident Claim Petition No.403 of 1994 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 800000/ from the date of claim petition till realization. 2. On 06.05.1994 Lallubhai Karshanbhai Savani was going to Diamond Factory on Scooter bearing No. G.J. 4 B 6096. At about 9.30 to 10.00 a.m, when he reached near garden at Rupali circle, one Tanker No. G.J 3 T 1517 came in excessive speed and in a rash and negligent manner, dashed with the scooter. As a result of this Lallubhai sustained serious injuries and succumbed to those injuries. The legal heirs of the deceased filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award.

(3.) HE further contended that accident occurred in the year 1994 and in the year 1994 the taxable income was Rs. 28000/ and therefore, income assessed at Rs. 5000/ by the learned Tribunal is on higher side. According to him, the income at Rs. 42000/ per year ought to have been assessed. The parents and widow of the deceased are the claimants. The widow of the deceased has remarried and therefore, 50% is required to be deducted towards personal and living expenses. Therefore, 50% deduction of Rs. 42000/ per year would come to Rs.21000/ towards loss of dependency benefits. Looking to the age of the parents of the deceased, multiplier of 11 is required to be adopted. By applying multiplier of 11 years, the future loss of income would come to Rs. 231000/. By addition of Rs. 10000/ towards loss of estate and Rs. 5000/ towards funeral expenses in view of principles laid down by the Hon'ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, the total compensation would come to Rs.246000/.