JAMNABEN Vs. GODSE MAYAPPA YASHWANT

JUDGEMENT

(1.) Admit. Learned advocate Mr. Tanmay B. Karia waives service of notice of admission on behalf of respondent No.3 - insurance company.

(2.) Heard learned advocates for the parties. Perused the record. The appellants herein are original claimants before the Motor Accident Claims Tribunal (Aux) of Anand in Motor Accident Claims Petition No.114 of 2009, being widow, mother and three children of the deceased. They have preferred such petition claiming compensation for the accidental death of one Raysnagbhai Babubhai Thakor. It is undisputed fact that on 10/2/2009 deceased was going towards Vataman from Tarapur driving motorcycle. At that time, one trailer bearing No. GJ 12 X 1888 came from behind with full speed in rash and negligent manner and dashed with the rear portion of the motorcycle. As a result, deceased sustained serious injuries and died during treatment at the Tarapur Government hospital.

(3.) 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.4,29,320.00, considering the Rs.3450.00 as prospective income, from which 1/5th share was deducted. Accordingly, the dependency would come to Rs.2760.00. The deceased was aged about 51 years and therefore, the tribunal has applied 11 as a suitable multiplier and thereby awarded Rs.3,64,320.00 under the head of dependency. To such amount the tribunal has added Rs.35000.00 towards loss of estate and love and affection, Rs.25,000.00 towards consortium and Rs.5,000.00 towards funeral expenses. Thereby, the tribunal has awarded an amount of Rs.4,29,320.00 as compensation.