KAMLESHBHAI PARSUBHAI BHURIYA Vs. MELSINH DHIRUBHAI PARMAR

JUDGEMENT

(1.) The claimants have challenged the judgment and award dtd. 25/4/2019 passed by the MACT (Aux), Dahod in MACP (new) no.2012/17. The claim petition is of the deceased child of the claimants aged about 8 years. The claim petition was filed by advocate Mr. C.K. Shah for the claimants who is now no more since deceased notice was served to the appellants informing about the death of the advocate. However, they have not appointed any other advocate to represent the case. When the appeal was filed, advocate Mr. C.K. Shah has raised the ground of granting the compensation amount in accordance to the judgment of the Hon'ble Supreme Court in the case of Kishan Gopal & Anr. v. Lala & Ors ., reported in (2014) 1 SCC 244 and had raised a ground that notional income ought to have been considered as Rs.30,000.00 of the minor and applying the multiplier of 15 with the amount under the conventional heads of loss of love and affection of Rs.50,000.00, an amount of Rs.5,00,000.00 had been prayed for.

(2.) As per the case of the appellants, they are labourers and were doing labour work at GEB coal-tar plant and were staying in a tent. On 31/8/2017, in the evening after the dinner, it is stated that the deceased minor was sleeping along with the family outside the tent and at about 24:00 hrs. at night, opponent no.1 driver of dumper no. GJ-07 VW- 3934 drove the vehicle in a rash and negligent manner and was trying to take a turn, but failed and the dumper roll over the deceased minor who sustained serious injuries and succumbed to death. The complaint was lodged at Khabhodej Police Station bearing CR no.I-57/17.

(3.) Heard Mr. Ajay Mehta, learned advocate for the insurance Company. He submitted that no evidence has been produced regarding any possibility of earning by the child and thus, stated that the learned Tribunal, having considered the age of the minor and taking the notional income of Rs.15,000.00 and applying the multiplier of 15, has rightly granted Rs.2,25,000.00 as dependency loss and Rs.20,000.00 is granted under the head of loss to estate and Rs.10,000.00 for funeral expenses and therefore, submitted that Rs.2,55,000.00 granted by the Tribunal is just and reasonable.