JINATBIBI HASAMMIYA MALEK Vs. MAQBOOLHUSAIN MOHOMMADHUSSAIN MALEK

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 - Hasammiya Bhulamiya Malek, being aggrieved and dissatisfied with the judgment and award dtd. 29/9/2012 passed by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in Motor Accident Claim Petition No.1310 of 2007, by which the Tribunal has awarded compensation of Rs.85,000.00 with 8% per annum interest to the claimant/s, holding Opponents 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 62 years at the time of accident and was doing agriculture activities. He has submitted that at the relevant point of time, his monthly income was Rs.2,800.00. He has fairly submitted that the learned Tribunal has rightly considered the amount of deduction of personal expenses looking to the age of the deceased. He has submitted that the multiplier should be 7 looking to the age of the deceased instead of 5. He has submitted that therefore, considering the loss of dependency, it would be calculated accordingly, which would come to Rs.1,56,800.00 total loss of dependency, which should be awarded to the claimants by the learned Tribunal.