BHADRIKANT CHINUBHAI SHAH Vs. JAYARAM MOTIBHAI DESAI

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 10.12.2002 passed by the Motor Accident Claims Tribunal, Ahmedabad below Ex. 38 in Motor Accident Claims Petition No. 374 of 1998 so far as the Tribunal awarded only Rs. 1,30,000/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 10.02.1998 Shri Prakash along with his friends was travelling in a Car bearing registration No. GJ-1-AP 6166 which was being driven by the original opponent no. 1 in excessive speed. Due to puncture in one of the tyres, the driver lost control of the vehicle as a result of which the car turned turtle killing Prakash. The appellants, being legal heirs and representatives, therefore filed claim petition for compensation to the tune of Rs. 2,50,000/-. The Tribunal after hearing the parties passed the aforesaid award.

(3.) HEARD. In the present case the Tribunal has assessed the income of the deceased at Rs. 3000/- per month. The Tribunal has deducted 2/3 towards personal expenses of the deceased. The Tribunal ought to have deducted ? as the claimants are parents. Accordingly, the loss of dependency shall come to Rs. 1500/- per month and Rs. 18000/- per annum.