MALSING TERSING DEVADA Vs. BHANUPRAKASH HARISHCHANDRA PANCHAL

JUDGEMENT

(1.) BY filing these appeals, the appellants herein ­ original claimants have challenged the legality of common judgment and award dated 25.08.2008 passed by the learned 5th Additional District Judge, Vadodara in M.A.C.P.No.1420 of 2005 to M.A.C.P.No.1428 of 2005, M.A.C.P.No.1430 of 2005 to M.A.C.P.No.1432 of 2005 and M.A.C.P.No.1576 of 2005 to M.A.C.P. No.1579 of 2005. Therefore, all the appeals are disposed of by this common judgment.

(2.) ACCIDENT in question took place on 20.06.2005 at about 2.30. in the night. After completing labour work, all the applicants herein were waiting for bus at Vaghodiya Chokdi for going towards their native. They were standing near hotel on the open space, at that time, original opponent no.1 driver of one Tata Sumo No.GJW12S4619 came in rash and negligent manner and lost his control over the vehicle, as a result driver of the vehicle dashed against the applicants, in which three minor children died and other applicants sustained injuries. Therefore, the applicants herein have filed respective claim petitions. The learned Tribunal after considering oral and documentary evidence on record passed award on 25.08.2008. Against the said judgment and award, original claimants have preferred present first appeals. <FRM>JUDGEMENT_140_TLGJ0_2013html1.htm</FRM>

(3.) 1. First Appeal No.265 of 2009 (M.A.C.P.No.1421 of 2005) It is the case of the original claimants in M.A.C.P.No.1421 of 2005 that deceased son Kamusing was aged about 16 years at the time of his death. Deceased was doing labour work and was earning Rs.2400/ per month. If the deceased had not died, he would have earned more in the future. Therefore, the applicants who are parents of the deceased claimed compensation of Rs.5,00,000/. [4.2.] Findings of the Tribunal in M.A.C.P.No.1421 of 2005 After considering oral documentary evidence on record, Tribunal assessed income of the deceased as Rs.1500 per month and considered 50% as prospective increase in income, which comes to Rs.2250/ (Rs.1500 + Rs.750). Applicants being parents of the deceased therefore, 1/3 dependency would be available to the applicants which comes to Rs.750/ per month and yearly Rs.9000/ (Rs.750 x 12). Considering the age of the applicants, the Tribunal applied 16 multiplier (Rs.9000 x 16) and thereafter, the Tribunal awarded Rs.1,44,000/ towards dependency value. In all the Tribunal awarded Rs.1,54,500/ including other expenses.