BHIKHIBEN HIRABHAI PARMAR Vs. SURESHBHAI JETHABHAI VASAVA

JUDGEMENT

(1.) The present Appeal is filed under Sec. 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dtd. 7/3/2017 passed by the Motor Accident Claims Tribunal (Auxi), Vadodara, in Motor Accident Claim Petition No.1579 of 2003, whereby the Tribunal was pleased to partly allow the claim petition.

(2.) By way of present Appeal, the appellants (i.e. the widow and the children respectively of the deceased Hirabhai Parmar, who died in a vehicular accident which took place on 27/9/2003), seek enhancement of the compensation amount to the tune of Rs.66.00lakh under different heads for the death of the deceased. The Tribunal has awarded compensation to the tune of Rs.63,92,600.00 under different heads considering the grievous and fatal injuries sustained by the deceased as a result of which the deceased succumbed.

(3.) Learned advocate for the appellant submitted that the deceased was working as Cleaner and, therefore, he was earning Rs.65,000.00 per month. Therefore, the monthly income arrived at Rs.62,000.00 was lesser than what was established by the claimants on record. Learned advocate further submitted that Exh.35 is the evidence of the claimant herself and supported by the evidence of other witnesses that the husband of the claimant was earning an amount of Rs.65,000.00 per month and, therefore, an error has been committed by the Tribunal in considering the monthly income at Rs.62,000.00.