RESHMABEN JITENDRABHAI PATEL Vs. NARESHKUMAR SHREERAMCHANDRA

JUDGEMENT

(1.) PRESENT appeal arises against the judgment and award passed by the Motor Accident Claims Tribunal in Motor Accident Claim Pletition No.1440 of 2003, whereby the Tribunal has awarded compensation of Rs.7,60,000/- with interest at the rate of 7.5% per annum to the original claimants.

(2.) SHORT facts are that on 2.8.2003, at about 8 O'clock, near village Haldarva, on Spender motorcycle, bearing registration No.GJ 5 BQ 3586, deceased Jitendrabhai Patel was going as a pillion rider with his brother Rajesh Thakorbhai Patel. At that time, one Tempo, bearing RTO No.RJ-2G 2340 dashed with the motorcycle and as a result thereof, driver of the motorcycle Rajeshbhai as well as pillion rider Jitendrabhai sustained injuries and succumbed to the injuries. Such accident gave rise to two claim petitions, being MACP No.1440 of 2003 preferred by the wife of deceased Jitendrabhai and his daughter as well as parents for compensation of Rs.30 lakhs, and MACP No.1441 of 2003 preferred by the parents of deceased Rajeshbhai, who was driver of the motorcycle for compensation of Rs.10 lakhs. The Claims Tribunal at the conclusion of the proceedings in MACP No.1440 of 2003, awarded the above referred amount and in MACP No.1441 of 2003, it awarded Rs.3,73,000/- with interest at the rate of 7.5 % per annum. Under the circumstances, the present appeal is limited to the award passed in MACP No.1440 of 2003 only.

(3.) FIRST contention raised on behalf of the appellant is that the Tribunal has committed error in awarding compensation towards the economic loss. The contention was two folds, inasmuch as one was that the income of the deceased has not been properly assessed and another was deduction towards personal expenses is not properly considered. It was also submitted that the multiplier is also not properly applied as per the decision of the Apex Court in the case of Sarla Verma (Smt) and Ors. Vs. Delhi Transport Corporation and Anr. reported in (2009)6 SCC 121. Whereas, learned counsel Mr.Gade for respondent No.3 Insurance Company submitted that since no proof of income was produced on record, the Tribunal has rightly assessed the income at Rs.4000/- per month of the deceased. It was also submitted that the salary slip, upon which reliance was placed, was without revenue stamp in spite of the fact that the payment was exceeding Rs.500/- and therefore, the same could be said as unreliable and therefore, the same may not be taken into consideration by this Court. The Tribunal has also, therefore, rightly assessed the income of Rs.4000/- per month of the deceased.