SAUDAGARSING CHHAJUSING AND ORS. Vs. JASHODABEN AND ANR.

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award dated October 29, 1977, passed by the Motor Accident Claims Tribunal, Narol in M.A.C. Application No. 199 of 1976 and M.A.C. Application No. 214 of 1976, the original opponents have preferred the present two appeals.

(2.) The accident occurred between Aslali and Ahmedabad near village Lambha on August 11, 1976 about 4.15 A.M. on National Highway No. 8. Deceased Gemalsing Velubha and other claimant Ranjitsingh Velubha were going on a motor cycle bearing No. GJM 1039 from Aslali to Ahmedabad railway station as Ranjitsinh wanted to return to his native place in Kutch by train. Deceased Gemalsing was driving the motor cycle and Ranjitsinh was sitting on the pillion. Near Lambha one Truck was coming from the opposite direction with head lights fully on. At that place one ONGC truck with trailer was parked on the road. The truck was bearing No. 9148 and the trailer was bearing No. 7663. The width of the truck and the trailer was 8. 1/2 feet and total length was 72 1/2 feet. Because of the glare, deceased Gemalsing was not in a position to see the parked ONGC truck and trailer. It is also stated that in the trailer there were girders and about two feet of each girder remained projecting beyond the body of the trailer at its rear. The motor cyclist, because of the glare, could not see the stationary vehicle and dashed with the trailer. He died on the spot and Ranjitsinh, the pillion rider sustained injuries.

(3.) The widow and minor son of deceased Gemalsing filed M A.C. Application No. 199 of 1976 praying for total compensation of #2352; 72,000/-. The Tribunal, after taking into consideration all the facts, awarded in all #2352; 52,000/- with 6% interest p.a. from the date of the application till realisation. The tribunal held that the deceased would have contributed at least #2352; 270/- per month to his family members taking into consideration his earning of #2352; 450/-per month. The Tribunal applied multiplier of 15 years and awarded #2352; 48,600/- for the loss of dependency benefits and #2352; 3,000/- for loss of expectation of life, that is, in all #2352; 51,600/- which figure was rounded to #2352; 52,000/-. Against the said judgment and award, First Appeal No. 258 of 1978 is filed by the driver, ONGC and the Insurance Company.