BHUPATSINH RAMSINH RATHOD Vs. DEVUBHA BHAGVATISINH RATHOD

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 30.06.2000 passed by the Motor Accident Claims Tribunal (Main), Jamnagar in Motor Accident Claims Petition No. 682 of 1993 so far as the Tribunal awarded only Rs. 81,550/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 14.08.1993 the original claimant was travelling in a bus bearing registration No. GJ-10-T-1872 which was being driven by the original opponent no. 1 in a rash and negligent manner as a result of which the bus dashed with the stationary truck thereby injuring the claimant. The appellant therefore filed claim petition for compensation to the tune of Rs. 2 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) BEFORE proceeding further it is required to be noted that the issues with regard to income and deduction by way of personal expenses are already settled by the decisions of Apex Court. In the case of Smt Sarla Dixit & Anr Vs. Balwant Yadav & Ors, reported in 1996 AIR 1274 (=1996 SCC (3) 179) it is held as under: ... Adopting the same scientific yardstick as laid down in the aforesaid judgement, the computation of compensation in the present case can almost be subjected to a well settled mathematical formula. Deceased in the present case, as seen above, was earning gross salary of Rs.1,543/- per month. Rounding it upto figure of Rs.1,500/- and keeping in view all the future prospects which the deceased had in stable military service in the light of his brilliant academic record and performance in the military service spread over 7 years, and also keeping in view the other imponderables like accidental death while discharging military duties and the hazards of military service, it will not be unreasonable to predicate that his gross monthly income would have shot up to at least double than what he was earning at the time of his death, i.e. upto Rs.3,000/- per month had he survived in life and had successfully completed his future military career till the time of superannuation. The average future monthly income could be arrived at by adding the actual gross income at the time of death, namely, Rs.1,500/- per month to the maximum whichhe would have otherwise got had he not died a premature death, i.e. Rs.3,000/- per month and dividing that figure by two. Thus the average gross monthly income spread over his entire future career, had it been available, would work out to Rs.4,500/- divided by 2, i.e. Rs.2,200/-. Rs.2,200/- per month would have been the gross monthly average income available to the family fo the deceased had he survived as a bread winner....