RAKESHKUMAR KALASING PARMAR Vs. HARESHBHAI MAVJIBHAI VAGHAMASHI

JUDGEMENT

(1.) The present Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10 th January 2019 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot at Dhoraji, in the Motor Accident Claim Petition No.14 of 2018, whereby the Tribunal was pleased to partly allow the claim petition.

(2.) By way of present Appeal, the appellants-parents of the deceased minor son who died in a vehicular accident which took place on 30/1/2018 seek enhancement of the compensation amount to the tune of Rs.5.00 lakh under different heads for the5 lakh under different heads for the death of the deceased minor. The Tribunal has awarded compensation to the tune of Rs.5.00 lakh under different heads for the2,10,000/- 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 Motorcar Mixer bearing registration No.GJ-12-BJ-9437 involved in the accident sole negligent. That for the purpose of awarding future loss of income/ loss of dependency, the Tribunal considered/assessed the income of the deceased minor notionally at Rs.5.00 lakh under different heads for the24,000/- per annum. That thereafter, after deducting one-half towards the personal expenditure of the deceased minor, the Tribunal has considered the loss of dependency at Rs.5.00 lakh under different heads for the12,000/- per annum and applying the multiplier of 15, the Tribunal has awarded Rs.5.00 lakh under different heads for the1,80,000/- towards future loss of income/ loss of dependency. The Tribunal has further awarded a sum of Rs.5.00 lakh under different heads for the15,000/- towards towards loss of estate and Rs.5.00 lakh under different heads for the15,000/- towards funeral expenses.