MADHABHAI DAHYABHAI PARMAR Vs. BHAVNABEN GAUTAMBHAI PATEL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant/s - original claimant/s - legal heirs of the deceased - Sanjaybhai Madhabhai Parmar, being aggrieved and dissatisfied with the judgment and award dtd. 4/4/2019 passed by the Motor Accident Claims Tribunal (Aux.), Gandhinagar in Motor Accident Claim Petition No.282 of 2012, by which the Tribunal has awarded compensation of Rs.4,58,400.00 with 9% per annum interest to the claimant/s, holding Opponents No.1 and 2 i.e. owner and insurance company of Eicher Truck bearing registration No.GJ-27-T-8111 liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Hiren Modi for the appellant/s - claimant/s has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. He has submitted that the deceased was aged about only 30 years at the time of accident and was doing business of transportation and was earning Rs.1,82,860.00, as per the income tax return filed before the Government. He has fairly submitted that the income tax return is filed on 18/6/2012 and the accident took place on 12/5/2012. He has submitted that the deceased was the owner of one Truck bearing registration No.GJ-1-AT- 9866, which he has purchased on 13/9/2006 and was paying installments, the material for this is produced on record before the learned Tribunal by the claimants. He has fairly submitted that the Tribunal has not considered the I.T. Return as it was filed after the accident and considered Rs.3,000.00 as monthly income of the deceased and awarded compensation, which is apparent error on the face of the record, which is required to be interfered with by this Court. He has submitted that considering Rs.1,82,860.00 per annum income of the deceased, the Tribunal ought to have awarded compensation to the claimants which would come to Rs.21,76,034.00 by adding 40$ prospective income, deducting 1/2 as personal expenses and applying 17 multiplier.