TARABEN MUKESHBHAI PARMAR Vs. PAPPUBHAI CHHABARBHAI YADAV

JUDGEMENT

(1.) The present Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 28 th March 2019 passed by the Motor Accident Claims Tribunal (Aux.), at Ankleshwar, in the Motor Accident Claim Petition No.508 of 2013 (Old M.A.C.P. No.436 of 2009), whereby the Tribunal was pleased to partly allow the claim petition.

(2.) By way of present Appeal, the appellants-claimants, widow and children of the deceased Maheshbhai @ Mukeshbhai Karshanbhai Parmar who sustained fatal injuries in a vehicular accident which took place on 2/6/2009 and later on died during the treatment, seek enhancement of the compensation amount to the tune of Rs. lakh under different heads. The5 lakh under different heads. The Tribunal has awarded compensation to the tune of Rs. lakh under different heads. The8,19,700/- under different heads considering the grievous and fatal injuries sustained by the deceased as a result of which the deceased succumbed.

(3.) That on appreciation of the evidence on record, the Tribunal has held the driver of the offending Tanker bearing registration No.MH-04-T-4628 involved in the accident sole negligent. That for the purpose of awarding future loss of income/loss of dependency, the Tribunal has considered/ assessed the income of the deceased at Rs. lakh under different heads. The3,500/- per month and adding 40% towards future prospects, i.e. Rs. lakh under different heads. The1,400/-, it assessed the loss of income at Rs. lakh under different heads. The4,900/- per month. That thereafter, after deducting one-fourth amount of Rs. lakh under different heads. The1,225/- towards the personal expenditure of the deceased, the Tribunal has considered the loss of dependency at Rs. lakh under different heads. The3,675/- per month and Rs. lakh under different heads. The44,100/- per annum and after applying the multiplier of 17, the Tribunal has awarded Rs. lakh under different heads. The7,49,700/- towards the future loss of income/ loss of dependency. The Tribunal has further awarded a sum of Rs. lakh under different heads. The15,000/- towards towards loss of estate, Rs. lakh under different heads. The15,000/- towards funeral expenses and Rs. lakh under different heads. The40,000/- towards loss of consortium.