RAMABEN Vs. BHAILIBHAI DAHYABHAI SOLANKI

JUDGEMENT

(1.) THESE appeals arise out of judgment and award dated 29th June, 2004 passed by the Motor Accident Claims Tribunal (Aux.) Ahmedabad (Rural) in M.A.C.P. No.751/95. The appeals arise in following factual back ground.

(2.) ON 15.2.1995, at around 11.00 o'clock in the morning, one Parshottambhai Patel was travelling as a passenger in jeep car going from Unjha to Baroda. When the vehicle reached near Boriavi, opposite Ganesh Saw Mills, a truck coming from the opposite direction dashed against the jeep. Parshottambhai received fatal injuries. His dependents i.e.widow, two children and aged parent therefore filed the said claim petition in which initially they claimed compensation of Rs.15,00,000.00 from the opponents. Such claim was later on revised to Rs.45,00,000.00. Opponents included owners and insurers of both the vehicles. Jeep was insured by the United India Insurance Co. Ltd. The truck was insured by the National Insurance Co. Ltd.

(3.) ON the basis of such evidence, the Claims Tribunal believed the income of the deceased on the date of accident at Rs.6271.00. The Claims Tribunal granted 50 per cent towards future rise in income and arrived at a figure of Rs.9407.00 per month towards the income of the deceased. 1/3rd thereof or Rs.3135.00 was set apart for personal expenditure of the deceased leaving the net sum of Rs.6272.00 per month for the dependents. The Claims Tribunal adopted the multiplier of 15 and granted loss of dependency benefits of Rs.11,28,960.00 (i.e.Rs.6272x12x15).