LAKHIBEN KARMANBHAI BHARWAD Vs. MOHMEDBHAI AMBUBHAI MASANI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 25th November 2002 passed by the Motor Accident Claims Tribunal (Main), Bharuch in MAC Petition No. 169 of 1996 thereby awarding a sum of Rs. 1,39,500/ - with interest at the rate of 9% per annum from the date of filing of the application till realisation, on the death of the victim.

(2.) BEING dissatisfied, the claimants have come up with this appeal while the Insurance Company has neither filed any counter appeal or any cross objection.

(3.) MR . Hakim, the learned advocate appearing on behalf of the appellants has made twofold submissions in support of the appeal. First, his contention is that the Tribunal committed a substantial error of law in deducting one -third amount as personal expenditure of the victim notwithstanding the fact that the victim left four dependents. By relying upon the principles laid down by the Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation reported in : (2009)6 SCC 121, Mr. Hakim contends that in such a situation, appropriate deduction should be one -fourth instead of one -third.