CHANDRAKANT RANCHODJI DESAI Vs. MAHESHBHAI DHANJIBHAI RATHOD

JUDGEMENT

(1.) The present First Appeals, under Sec. 173 of Motor Vehicles Act, 1988, are preferred by the appellant/s - original claimant/s - legal heirs of the deceased, being aggrieved and dissatisfied with the judgment and award dtd. 3/12/2019 passed in MACP No.1167 of 2003, 27 of 2004, 1192 of 2003 and 1191 of 2003 by the Motor Accident Claims Tribunal (Aux.), Surat by which the Tribunal has awarded the compensation as stated in the impugned judgment and award by holding Opponents liable, jointly and severally.

(2.) The facts of the present appeals are as under :

(3.) Learned advocate 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 further submitted that considering the general and non-pecuniary damages, the learned Tribunal should award the amount as per the decision of the Hon'ble Apex Court in the cases of National Insurance Company Ltd. V/s Pranay Sethi & Ors. reported in (2017)16 SCC 680 and United India Insurance Co. Ltd., versus Satinder Kaur @ Satwinder Kaur reported in (2021) 11 SCC 780.