MAKWANA RUPBEN CHHAGANBHAI Vs. BALVANTSINH MANSINH RAYJADA

JUDGEMENT

(1.) Heard learned advocates for the parties. Perused the record. The appellants herein are original claimants before the Motor Accident Claims Tribunal of Anand in Motor Accident Claims Petition No.3937 of 2006 (Old No.2805 of 1999), being mother, widow and three children of the deceased. They have preferred such petition claiming compensation for the accidental death of one Bakabhai. It is undisputed fact that on 20/7/1999 deceased was coming from Vataman to Tarapur driving Chakado bearing No. GJ 1 U 7301 and when he reached near Kasbara Patiya, the driver of the truck No. GJ 3 U 6006 came in wrong side in rash and negligent manner with excessive speed and dashed with the chakado, resulting into fatal injuries to the victim who died on the spot.

(2.) The only issue in this appeal is with regard to the quantum of compensation that may be awarded to the claimants. The tribunal has awarded an amount of Rs.3,99,400.00, considering the Rs.2600.00 as prospective income, yearly which comes to Rs.31,200.00 and thereafter deducting 1/4th i.e. Rs.7800.00 as his personal expenses and thereby considering yearly dependency loss as Rs.23,400.00. Considering the age of the victim as 35 years, tribunal has applied 16 as a suitable multiplier and thereby awarded Rs.3,74,400.00 under the head of dependency. To such amount the tribunal has added Rs.5000.00 for funeral expenses, Rs.10,000.00 towards consortium and Rs.10,000.00 towards expectations of life. Thereby, the tribunal has awarded Rs.3,99,400.00 as compensation.

(3.) Learned advocate for the appellants - claimants has submitted that the tribunal has failed to consider the proper income of the deceased - victim. He has relied upon a decision of the Hon'ble Supreme Court in case of Laxmi Devi vs. Mohammad Tabar reported in 2008 ACJ 1488 , wherein it is held that Rs.3000.00 should be considered as notional income and submitted that such ratio is applicable to the present case and that the tribunal ought to have considered Rs.3000.00 as monthly income of the deceased.