BHIKHABHAI RAMAJI THAKOR Vs. HARIF ADAMBHAI HALEPAUTRA

JUDGEMENT

(1.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 19/4/2019 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Mahesana in M.A.C.P. No.291 of 2013 on the ground that the compensation has not been granted to the deceased minor in accordance with the principles laid down in various decisions of the Hon'ble Apex Court.

(2.) The facts in brief are that on 18/9/2013, the daughter of the appellants - claimants was going to school on Oreva Scooty from her home to Ambaliyasan; when she reached at the outskirts of Village Mandali, near the open space on the road side, she met with an accident, as the Driver of a Swift Car bearing Registration No.GJ-12-BF-5204 came in full speed and in a rash and negligent manner, dashed with the Scooty and caused the accident. The deceased suffered serious body injuries and was shifted to Lions Hospital for treatment, during treatment she expired and the post mortem was carried out at the Civil Hospital, Mehsana.

(3.) Learned Advocate for the appellants - claimants Mr. Nishit A. Bhalodi referred to the decision of the Hon'ble Apex Court in the case of Kishan Gopal and Another v. Lala and Others reported in 2014 1 SCC 244 and submitted that following the principles laid down in the case of Lata Wadhwa and Others v. State of Bihar and Others reported in 2001 8 SCC 197, the Hon'ble Apex Court has considered the notional income @ Rs.30,000.00 and applying the multiplier of 15, the dependency loss ought to have been considered as Rs.4,50,000.00. It is further submitted that it has almost become a thumb rule to consider the notional income accordingly in minor death claim cases. It is also submitted that the consortium amount as per the decision of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram reported in 2018 ACJ 2782, is required to be granted to the parents who have lost their child in a vehicular accident.