LAWS(GJH)-2015-2-145

BHARATIBEN HIMATLAL JODHANI Vs. SAIJIBHAI MALJIBHAI DESAI

Decided On February 19, 2015
Bharatiben Himatlal Jodhani Appellant
V/S
Saijibhai Maljibhai Desai Respondents

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Ahmedabad (hereinafter referred to as "Tribunal") dated 12.05.2006 passed in Motor Accident Claim Petition No.974/2002 by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs.5,03,000/ to the original claimants towards compensation under different heads for the death of deceased Himmatlal Bhaichand Jodhani, the appellants herein original claimants have preferred the present First Appeal to enhance the amount of compensation awarded by the learned Tribunal.

(2.) THAT in a vehicular accident which took place on 07.12.2002 the deceased who at the relevant time was on his scooter, died because of the rash and negligent driving on the part of the original opponent No.1 driver of the Matador involved in the accident. Therefore, the original claimants filed the claim petition before the learned Tribunal claiming Rs.22,40,000/ towards the compensation under different heads for the death of deceased. It was the case on behalf of the original claimants that as such the driver of the matador involved in the accident was rash and negligent and had dashed the scooter which at the relevant time was driven by the deceased due to which the deceased sustained serious injuries and thereafter succumbed to the injuries. It was also the case on behalf of the original claimants that at the time of accident the deceased was aged 60 years, he was a doctor having the degree of MBBS since 1968 and that he served as a Medical Officer in different hospitals at Mehsana and Ahmedabad. It was also the case on behalf of the original claimants that in the year 1976 the deceased was running the clinic at his residence and thereafter in 199596 he was serving as Medical Officer in Jivraj Mehta Hopital; in Thakarshi Charitable Trust between 1996 to 2000 and in the SAL Hospital at Ahmedabad and was earning Rs.10,000/ while he was serving as Medical Officer at SAL Hospital, Ahmedabad. It was also the case on behalf of the original claimants that lastly the deceased was serving as a Medical Officer at Chandrala Sarvajanik Hospital from 08.08.2002 and was getting salary of Rs.14,000/ per month. It was also the case on behalf of the original claimants that as and when the deceased was coming to home on leave, he was earning Rs.4,000/ per month while running the clinic at his residence. Therefore, it was the case on behalf of the original claimants that at the time of accident, the income of the deceased was Rs.18,000/ per month.

(3.) SHRI Sandip Shah, learned advocate appearing on behalf of the appellants herein original claimants has vehemently submitted that the learned Tribunal has materially erred in awarding Rs.4,80,000/ towards the loss of dependency. It is submitted that the learned Tribunal has materially erred in considering the income of the deceased at the time of accident at Rs.8,000/ per month, while determining the loss of dependency. It is submitted that considering the documentary evidences on record more particularly the documentary evidences at Exhs.39 to 44 and the deposition of the witnesses examined at Exh.36 and the deposition of the original claimant No.1 widow of the deceased was examined at Exh.25 and when it has come on record that at the time of accident the income of the deceased from the Charitable Trust, Chandrala was Rs.14,000/ per month, the learned Tribunal has materially erred in considering the income of the deceased at Rs.8,000/ per month. It is submitted that the learned Tribunal ought to have considered the income of the deceased at the time of accident at Rs.14,000/ per month and ought to have accordingly assessed / determined the dependency.