HEENABEN KIRITKUMAR KADIYA Vs. DILIPBHAI SIVRAM PATIL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - original claimants, being aggrieved and dissatisfied with the judgment and award dtd. 18/2/2010 passed by the Motor Accident Claims Tribunal (Aux.), City Civil Court, Ahmedabad in Motor Accident Claim Petition No.1100 of 2002, by which the Tribunal has awarded compensation of Rs. 8,28,000.00 with 7.5% per annum interest to the claimants, holding all the opponents liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Paresh M. Darji for the appellants - original claimants has relied upon the salary certificate at Exh.40 as well as oral deposition of the proprietor of Kunal Printers at Exh.39 and the manager of the Kunal Printers at Exh.41. He has contended that the Tribunal has committed error in not believing the salary certificate as well as oral deposition of both the witnesses. Further, he has contended that the Tribunal has committed error in wrongly assessing the income of the deceased Rs. 4,500.00 per month. Learned advocate Mr. Darji has submitted that the appellants - original claimants have proved the fact that the deceased was working in Kunal Printers at monthly salary of Rs. 8,000.00 per month. Learned advocate Mr. Darji has relied upon the judgment of the Hon'ble Apex Court in the case of National Insurance Company Limited versus Pranay Shethi reported in (2017) 16 SCC 680, and has contended that the Tribunal has committed error in awarding meagre amount under the head of loss of estate as well as funeral expenses. He has further relied upon the decision of the Hon'ble Apex Court in the case of United India Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in AIR 2020 SC 3076 and has contended that all the claimants should be entitled to loss of consortium of Rs. 40,000.00 each. Therefore, he prays to allow the appeal by awarding appropriate amount of compensation.