PRAMILABEN Vs. THAKORSING RAMSABLAY SIKH

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. 6/1/2004 passed by the Motor Accident Claims Tribunal (Aux.), Bharuch Camp Court at Rajpipla in Motor Accident Claim Petition No. 355 of 1991, by which the Tribunal has awarded Rs.7,53,800.00 compensation with 9% per annum interest to the claimants, holding Opponent Nos.1 to 3 liable, jointly and severally.

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

(3.) Learned advocate Mr. M.T.M. Hakim for the appellants - original claimants has submitted that the Tribunal has erred in considering the actual income of the deceased, by not considering the income towards the loss of managerial capacity of agriculture activity. Further, he has submitted that the Tribunal has considered the future income of deceased Rs.6,500.00 p.m. and after deducting 1/3 towards person expenses, the income towards future loss of income is to be considered Rs.4,350.00 p.m.. Thereafter, annual dependency is calculated Rs.52,200.00, looking to the age of deceased 35 years, the Tribunal has considered multiplier of 14 and therefore, total amount of compensation is calculated Rs.7,30,800.00 towards loss of future income. Further, the Tribunal has considered towards loss estate Rs.10,000.00 and towards loss of love and affection Rs.10,000.00 and towards funeral expenses Rs.3,000.00 and therefore, total amount of compensation comes to Rs.7,53,800.00 with 9% p.a. interest, which is awarded by the Tribunal.