MUKTABEN RAMJIBHAI Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 22.10.2003 passed by the Motor Accident Claims Tribunal, Jamnagar in Motor Accident Claims Petition No. 335 of 1995 so far as the Tribunal awarded only Rs. 2,53,000/- as compensation with interest and costs.

(2.) IT is the case of the appellant that on 18.05.1995 while Shri Ramji Virji was riding his motorcycle, a public carrier bearing registration No. GQY 5382 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the motorcycle as a result of which Shri Ramji Virji sustained serious injuries and succumbed to the same. The appellants therefore filed claim petition for compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) IN the present case, the Tribunal has considered the fact that no receipt of any evidence was produced on behalf of the appellants to establish that the pay of the deceased was Rs. 3000/- as claimed by them and therefore the Tribunal has rightly assessed the notional income of the deceased at Rs. 24000/- per annum. Nothing is pointed out to take a different figure in that regard. Considering the fact that the Tribunal has assessed notional income, prospective income cannot be taken into account. 5.1 IN the present case, the claimants are six and therefore 1/4th is required to be deducted qua personal expenses as per the ratio laid down in the case of Sarla Verma (supra). Accordingly, the loss of dependency per month shall come to Rs. 18000/- per annum.