NATIONAL INSURANCE CO.LTD Vs. ANITABEN VINAYKUMAR SONI

JUDGEMENT

(1.) PRESENT appeal challenges judgment and award rendered by Motor Accident Claims Tribunal, Ahmedabad in MACP No.560 of 1997 dated 20/01/2000. The claimants are the widow and mother of Vinaykumar Soni who met with an accident on 07/03/1997 at about 5:30 a.m. near Rajendra Park Society on National Highway at Odhav. The deceased was walking by the road when vehicle bearing No.GJ-3U-750 knocked him down. The said vehicle was driven by respondent No.3 herein and was owned by respondent No.4 herein. The vehicle was insured by present appellant. The age of the widow was 31 years. The age of the deceased was 35 years and age of the mother, second claimant was 60 years. The deceased was working as a driver with Ahmedabad Municipal Transport Service and was drawing a salary of Rs.4,860.00 per month.

(2.) THE driver and owner of the vehicle did not contest the claim petition. The appellant has therefore, as opponent No.3, before the Tribunal tendered application under Section 170 of the Motor Vehicles Act, which was granted and the claim was contested by the appellant on all counts.

(3.) LEARNED Advocate for the appellant Mr.Mehta submitted that the Tribunal has liberally assessed the prospective income and dependency loss. He submitted further that the multiplier is also liberally adopted. The appellant, therefore, challenges the award firstly on quantum.