B. V. SURYAKUMAR Vs. NAGINBHAI RAMANBHAI VASAVA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - claimants for enhancement, being aggrieved and dissatisfied with the common judgment and award dtd. 2/7/2008 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.2416 of 1998, by which the Tribunal has awarded compensation of Rs. 1,98,000.00 with 7.5% per annum interest to the claimants, holding Opponents i.e. driver, owner and insurance company of the truck liable, jointly and severally.

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

(3.) Learned advocate Mr. MTM Hakim for the appellants - claimants has submitted that the Tribunal has committed an error by considering the income of only Rs. 3,000.00 per month. Further, he has submitted that the Tribunal has not considered prospective rise in the come while awarding future loss of income. He has submitted that the Tribunal has not properly applied the multiplier looking to the age of the deceased, as he was aged about 22 years. He has submitted that the Tribunal has not awarded compensation under the head of loss of consortium. He has submitted that the Tribunal has awarded very meager amount towards loss of expectation. He has submitted that the Tribunal ought to have awarded more compensation towards funeral expenses. He has submitted that interference may be called for by this Court in the impugned judgment. He has submitted that this appeal may be allowed and the amount of compensation may be enhanced.