SUSHILABEN AMRUTLAL THACKER Vs. KASHMIRSINGH KARTARSINGH SHIKH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 17th December, 2005 passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj in MACP No.670 of 1999. The appeal is filed by the original claimants for enhancement of compensation amount awarded by the Tribunal at Rs.7,08,840 even after holding that the deceased - driver of the Maruti Car involved in the accident with a Tanker, was negligent to the extent of 10 per cent.

(2.) The deceased was serving in BSNL and his gross salary on the date of the accident was Rs.9661 including all allowances. After deductions, the Tribunal assessed the net income of the deceased at Rs.7000 per month. Deducting one-third amount therefrom as the personal expenditure of the deceased, the dependency benefit was assessed at Rs.4600 per month i.e. Rs.55,200 per annum. Although the deceased was aged 49 years on the date of the accident, the Tribunal applied multiplier of 13 years and on that basis computed compensation for loss of dependency at Rs.7,17,600. The Tribunal also added substantial amounts under different heads of conventional amounts as under: <FRM>JUDGEMENT_124_TLGJ0_2007Html1.htm</FRM> As the deceased was held negligent to the extent of 10 per cent, the Tribunal made award for compensation of Rs.7,08,840.

(3.) On the date of the accident in the year 1999, the widow was 43 years old, son of the deceased was 21 years old and daughter of the deceased was aged 19 years. This appeal is filed by the said claimants for enhancement of compensation.