EXECUTIVE ENGINEER Vs. USHABEN SURESHCHANDRA SHAH

JUDGEMENT

(1.) Brief facts are as follows:

(2.) Before the Claims Tribunal, on behalf of the claimants, evidence was produced to show that the driver of the vehicle was negligent in not taking care that the vehicle was road worthy before driving it. The Claims Tribunal held that the accident occurred due to negligence of the driver.

(3.) With respect to quantum of compensation, before the Claims Tribunal, the claimants produced evidence to show that the deceased was engaged in the grocery business, earning regular income. Besides, he had other sources of income such as agricultural operations etc. The Claims Tribunal assessed his yearly income at Rs. 50,000,00. Opining that in due course, such income would increase with the passage of time, the Claims Tribunal adopted a sum of Rs. 80,000.00 as yearly income of the deceased on the basis of which, the compensation should be awarded. The Claims Tribunal set apart a sum of Rs. 20,000.00 for personal expenditure of the deceased. The claims tribunal took the sum of Rs. 60,000.00 as dependency benefit of the claimants. The deceased was aged 31 years. The claims tribunal adopted multiplier of 20 and was, therefore, of the opinion that the claimants should receive Rs. 12 lacs by way of dependency benefits. The Claims Tribunal added further a sum of Rs. 15,000.00 towards the loss of expectation of life, Rs. 3000.00 for after death ceremony and Rs. 600.00 for transportation. The claims tribunal also granted Rs. 10,000.00 to the wife of the deceased towards loss of consortium. In all, the claims tribunal awarded a sum of Rs. 12,28,600.00. The Claims Tribunal was of the opinion that the amount of just compensation that needs to be awarded need not be limited to the claim made in the claim petition.