KALUBHAI SOMABHAI BHOI Vs. AARI MOHAMEDBHAI ASLAMBHAI

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 20.12.2008 passed by the Motor Accident Claims Tribunal (Aux.), Nadiad in Motor Accident Claims Petition No. 264 of 2007 in so far as the Tribunal awarded only Rs. 64,500/- by way of compensation to the original claimants along with 9% interest.

(2.) THE claimants filed the claim petition under the provisions of Section 163-A of the M.V. Act to get compensation on structured formula basis and claimed Rs. 4,36,500/- on account of accidental death of one Shri Gautambhai Bhoi, who expired due to injuries sustained in the vehicular accident occurred on when he was driving truck no. GJ-1TC 212 which dashed with another truck bearing registration no. GJ 1 AY 8054.

(3.) THE Tribunal has gone into the evidence in detail. However, the quantum of compensation awarded by the Tribunal seems to be on a lower side. As regards the income of the deceased is concerned, the issue is now well settled by a recent decision of the Apex Court in the case of National Insurance Co. Ltd. vs. Gurumallamma and another reported in 2009(9) SCALE 764 wherein it is held as under: