RAMILABEN BHAISHANKAR JOSHI Vs. RAMANBHAI DALSUKHBHAI BARAIYA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 21.4.2012 passed by the Motor Accident Claims Tribunal (Aux.) Nadiad in Motor Accident Claim Petition No. 616 of 2010, the appellants-original claimants have filed this Appeal under section 173 of the Motor Vehicles Act, 1988.

(2.) THE facts of the case in brief are that on 19.2.2010 the deceased was walking on the side of the road and at that time the S.T. Bus bearing registration No. GJ 18 Y 1381 came in full speed and dashed with the deceased which resulted in sudden death of the deceased on the spot. The driver of the S.T. Bus was driving his vehicle in rash and negligent manner. Thus the offence came to be registered at Kishanwadi Police Station vide I-CR No.42 of 2010. Thus the appellants filed Motor Accident Claim Petition No.616 of 2010 under section 163 (A) of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Nadiad (for short, "the Tribunal") claiming compensation of Rs. 2,99,000/-. The Tribunal, by its judgment and order dated 21.04.2012 had partly allowed the claim of the appellants by awarding an amount of Rs. 2,25,000/- with compound interest @ 7.5% per annum. Hence this appeal.

(3.) I have carefully perused the order dated 21.4.2012 passed by the Motor Accident Claims Tribunal (Aux) 7 th (Ad-hoc) Addl. District Judge, Nadiad in MACP No. 616 of 2010. It is pertinent to note that as per the case of the appellants/original claimants, the deceased was earning Rs. 3,300/- per month by running grocery shop as well as doing work of Hindu Priest. It is also pertinent to note that no documentary evidence regarding the income of the deceased was produced by the appellants/original claimants. In the cross-examination the applicants have admitted that they have no documentary evidence to show that the deceased was earning Rs. 3,300/- and considering the said aspects, the Tribunal concerned has assessed the income of the deceased as Rs. 3,000/- per month, which in my view appears to be just and proper.