KHEMABHAI GALABHAI MAKWANA Vs. HARISHBHAI C SHARMA

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an Award dated January 31, 2008, passed by the Motor Accident Claims Tribunal [Aux], Ahmedabad in M.A.C.P. No. 948 of 2002, thereby partly allowing the application for compensation by awarding a sum of Rs. 1,49,700/- as compensation with interest at the rate of 7.5% per annum from the date of filing of the application till realization.

(2.) BEING dissatisfied the claimants have come up with the present appeal. It appears that neither the owner of the offending vehicle nor the Insurance Company has preferred any appeal or cross-objection against the Award of the learned Tribunal. Therefore, the only question that falls for determination in this appeal is whether the amount awarded by the learned Tribunal should be enhanced.

(3.) AS found by the learned Tribunal, the monthly income of the victim was Rs. 1700/-, 50% should be added to the said amount to arrive at a figure of Rs. 2550/-. Since the mother is the claimant, the said amount should be divided by half for excluding the personal expenditure of the victim. It should be, thereafter, multiplied by 12 to arrive at an annual prospective income and thereafter, it should further multiplied by 13 as the mother of the victim was 44 years at the time of the accident. In that process, the figure comes to Rs. 1,98,900/-. The learned Tribunal has awarded a further sum of Rs. 34,000/-, but I propose to deduct Rs. 10,000/- out of the same in view of the fact that the claimants are not entitled to get any amount under the head mental pain, shock and suffering , because the victim died immediately after the accident. Therefore, the final figure comes to Rs. 2,22,900/-. I also find subsance in the contention of Mr. Modi, the learned advocate for the appellants that grant of interest at the rate of 7.5% per annum should be increased to 9% per annum as the accident occurred in the year 2002.