KOLI BHAGVANBHAI LAKHABHAI Vs. MOHANBHAI KHIMJI

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 12.03.2004 passed by the Motor Accident Claims Tribunal, Veraval in Motor Accident Claims Petition No. 809 of 1999 so far as the Tribunal awarded only Rs. 87,000/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 24.10.1993 while the son of the appellants was travelling in a tractor, a nother tractor bearing registration No. GTX 5500 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the tractor the son of the appellants was travelling as a result of which he sustained serious injuries and succumbed to the same. The appellants being parents of the deceased therefore filed claim petition for compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) IN the present case, the Tribunal has considered the fact that no receipt of any evidence was produced on behalf of the appellants to establish that the payof their son was Rs. 2500/- as claimed by them and therefore the Tribunal has rightly assessed the notional income of the deceased at Rs. 14000/- per annum. Nothing is pointed out to take a different figure in that regard. IN the present case the claimants are parents and therefore 50% of the computed income is required to be deducted qua personal expenses as per the ratio laid down in the case of Sarla Verma (supra). Accordingly, the loss of dependency per month shall come to Rs. 7000/- per annum.