MAHEMUDKHAN JAFARKHAN PATHAN Vs. RAMESHBHAI BHIMAJIBHAI PATEL

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 16.08.2003 passed by the Motor Accident Claims Tribunal Baroda in Motor Accident Claims Petition No. 994/1995 so far as the Tribunal awarded only Rs. 1,07,000/-as compensation with interest and costs.

(2.) IT is the case of the appellants that on 01.07.1995 while the son of the appellants was riding his bicycle, a truck bearing registration no. GJ-10-T5256 being driven by the original opponent no. 1 in a rash and negligent manner dashed against the said bicycle as result of which the son of the appellants sustained injuries. He succumbed to the same. The appellants therefore filed claim petition for compensation to the tune of Rs. 3 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) AS far as the aspect of quantum of compensation is concerned, it is clear that the Tribunal has considered the evidence on record. The notional income of the deceased is required to be considered at Rs. 15000/- per annum. The Tribunal has wrongly deducted 1/3rd of the income towards personal expenses and instead it should have been ?. Deducting 50% towards expenses for self, the dependency loss for appellants who are the parents shall come to Rs. 7500/- per annum.