SHANTILAL SHANKERLAL JAIN Vs. KUMUDINIBEN MANIBHAI DESAI

JUDGEMENT

(1.) THESE cross-appeals have been preferred against the judgment and award dated 28.11.1995 passed by the Motor Accident Claims Tribunal No. 4, at Ahmedabad in M.A.C.P. No.345/1987 whereby, the claim petition was partly allowed and the original claimant (Respondent no.1 in F.A. No.298/1996 and the Appellant in F.A. No.945/1996) was awarded total compensation of Rs.2,17,011/- along with interest at the rate of 15% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 21.06.1987 at around 0915 hrs. while Jitendrabhai, son of opponent no. 1 and brother of opponents nos. 2 to 5, was going on his Moped bearing no. GJI 3179, a Ambassador Car bearing registration No. GBA 9151, driven by original opponent no.1 and belonging to appellant-Insurance Company, dashed the moped from the behind. In the said accident, Jitendrabhai sustained severe bodily injuries and died on the spot.

(3.) THE appellant Insurance Company has mainly contended that the Tribunal has erred in assessing the monthly income of the deceased at Rs.6,000/-. It has been submitted that though the evidence on record clearly established that the monthly income of the deceased was Rs.3533/-, the Tribunal ought not to have assessed the monthly income at Rs.6,000/-. He submitted that even though the principle laid down in the case of /Sarla Verma v. Delhi Transport Corporation & anr, /reported in /(2009) 6 S.C.C. 121/is adopted, the monthly income in any case would not exceed Rs.4,500/-. He therefore, submitted that the income under the head of loss of dependency benefit deserves to be reduced appropriately.