YUNUSBHAI HAMIDBHAI DHANGA Vs. DILIPKUMAR MOTISINH RATHOD

JUDGEMENT

(1.) PARTLY aggrieved by the judgment and award dated 27.07.2006 rendered by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Motor Accident Claims Petition No.201 of 2002 under Section 166 of the of the Motor Vehicles Act, 1994 (for short, the 'Act'), the appellants (original claimants) are before this Court in an appeal under Section 173 of the Act, questioning the award in asmuch as non- awarding of compensation to the extent of Rs.2,84,000/-.

(2.) AS the main contest between the parties is only on the quantum and, more particularly, the appellants have focused their submissions on the higher side deductions towards personal expenses of the deceased and impermissible deductions from salary so as to arrive at dependency loss to the claimants while assessing the compensation payable to the appellants (original claimants), it is not necessary to discuss the other facts in detail. Submissions on personal deduction:-

(3.) PER contra, learned advocate Mr.Maulik J. Shelat appearing for respondent No.3 fairly conceded before the Court that the respondent No.3 has no objection if the standardize deduction as laid down by the Hon'ble Apex in case of Sarla Varma (supra) is applied to the facts of the present case. Accordingly, the award is required to be suitably modified to the extent of deduction made by the learned Tribunal towards personal and living expenses of the deceased. Submissions on deduction from salary:-