BHANUBEN WD/O CHAMANLAL HANSRAJBHAI MISTRI Vs. TRANSPORT MANAGER,AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) THE appellants were the claimants before the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition NO.101 of 2001, who are aggrieved by the judgment and award rendered by the Tribunal on 08/01/2003.

(2.) THE claim petition was preferred by the appellants in connection with an accidental death of Chamanlal Hansrajbhai Mistri, husband of appellant No.1 and father of appellant No.2, which occurred on account of an accident which took place on 29/08/2000 at about 9:30 p.m. near Bhagvat Petrol Pump. According to the appellants, the deceased was proceeding on his bicycle when he was knocked down by a bus belonging to respondent bearing Registration No.GRY 8522. THE said bus was driven in a rash and negligent manner endangering human life. According to the appellants, the age of the deceased was 53 years, and he was working with Silver Oak Country Clubs & Resort Ltd., as a technical carpenter and was earning about Rs.4,500/- per month. Because of his death, the appellants have suffered love, affection and dependency and therefore, they had claimed compensation of Rs.7 Lacs.

(3.) MR.Adil Mirza, learned Advocate appearing on behalf of respondent, submitted that the claimants have not adduced any evidence to show the prospects of the deceased. The deceased was aged 53 and, therefore, he had limited prospects and consequential rise in prospective income, if any. The Tribunal, therefore, cannot be said to have committed any error. MR.Mirza also submitted that the age of the deceased was 53 years. He would have attained normal age of superannuation at the age of 60 and considering imponderable of life, the Tribunal cannot be said to have committed any error in adopting multiplier of five. He, therefore, submitted that appeal may be dismissed.