SAIYAD JALALSA NOORSHA Vs. NIMABAL RAKHBHAJI DEVKATE

JUDGEMENT

(1.) BY way of this appeal, the present appellants have challenged the judgment and award dated 03.04.2007 passed by the Motor Accident Tribunal (main), Kutch @ Bhuj, in M.A.C.P. No. 541 of 2001, whereby the Tribunal has awarded compensation of Rs.2,27,000/ to the original claimants under different heads.

(2.) THE brief facts leading to filing of this appeal are that on 19.12.1995, a vehicular accident occurred between Jeep, bearing registration No. MHO17718 and Tanker bearing registration No. MCY4150. In the said accident, one Nizamsha expired. Therefore, the heirs of the deceased filed claim petition before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition passed the award as stated hereinabove against which the present appeal is preferred by the appellant.

(3.) CONSIDERING the principle laid down by the Apex Court in the case of Amrit Bhanu (supra) 50% of deceased's income should be deducted towards his personal income since the deceased was bachelor and his parents were his dependents. The claimants are entitled entitled for 50% amount from the income of the deceased.