ORIENTAL INSURANCE CO LTD Vs. PRITIBEN

JUDGEMENT

(1.) The appellant- The Oriental Insurance Company Ltd. has preferred this appeal u/s. 173 of the Motor Vehicles Act , 1988 (hereinafter referred to as "the Act"), being aggrieved and dissatisfied by the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Court No.14, Ahmedabad (hereinafter referred to as "the Tribunal") in M.A.C.P. No.181 of 1988, on 24/2/2010

(2.) The brief facts of the case that emerge from the record of the appeal are as under:-

(3.) The Tribunal, after appreciating the evidence on record, came to the conclusion that the prospective income of the deceased was Rs.3000.00 (Rs.2000.00 + Rs.4000.00 = Rs.6000.00 divided by 2 ) per month and the income of the deceased was assessed at Rs.3000.00 per month at the time of accident, and after deducting 1/2 of that amount as pocket expenses, the remaining amount of Rs.1500.00 per month would go to the benefit of dependents and yearly, it comes to Rs.18,000.00 . The learned Tribunal concluded the age of the deceased and the age of the parents of the deceased and by adopting the multiplier of 12 held that the applicants were entitled to get Rs.2,16,000.00 and added the standard conventional figure of Rs.20,000.00 for loss of expectancy of life, as per the decision of Division Bench of this Court in the case of Suryaben Harisingbhai Balval Vs. Atullakhan Mehtabkhan Lalkhan Pathan reported in 2001(3) GLR 2029, and Rs.5,000.00 towards funeral expenses as per the recent decision of Hon'ble Apex Court in the case of UP State Road Transport Corporation Vs.Trilokchand reported in 1996 (2) GLB 11, and awarded a total amount of Rs.2,41,000.00 to the applicants. Thus, the Tribunal, while partly allowing the claim petition, awarded a sum of Rs.2,41,000.00 with 7.5% interest from the date of filing of the claim petition till its realization.