UNITED INDIA INSURANCE CO LTD Vs. VIRAMBHAI RANCHHODBHAI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 19.07.2006 of the Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar in MACP No.1477 of 1999 awarding compensation of Rs.2,95,000/- with proportionate costs and interest to the husband and minor son aged 10 years of Tulsiben Virambhai, who died at the age of 30 years in a motor vehicle accident that took place between the scooter on which the deceased was a pillion rider and the luxury bus insured by the appellant " insurance Company on June 28, 1999.

(2.) Mr. Hasmukh Thakker with Mr. Palak Thakker, learned advocate for the appellant " insurance Company has challenged the award only on the question of quantum of compensation. He submitted that on the basis that the deceased was doing agriculture work and cattle feeding work, the claimants had filed claim petition for compensation of Rs.4 lacs. According to claimant No.1 " husband of the deceased, the deceased was earning net income of Rs.3,000/- per month, but in absence of any documentary evidence, the Tribunal assessed the income of the deceased at Rs.1,500/- per month and the prospective income of the deceased at Rs.2,250/- per month. Deducting one-third amount therefrom as the personal expenses, the Tribunal assessed loss of dependency at Rs.1,500/- per month i.e. Rs.18,000/- per annum. Looking to the age of the deceased (30 years), the Tribunal adopted the multiplier of 15 and computed compensation for loss of dependency benefit at Rs.2,70,000/-. Adding thereto Rs.20,000/- for loss to the estate and Rs.5,000/- for funeral expenses, the Tribunal made award for total compensation of Rs.2,95,000/-.

(3.) It is submitted by Mr. Thakker that when there was no documentary evidence, the Tribunal should not have awarded any compensation for loss of dependency benefit and that the Tribunal should not have taken into consideration the household services alleged to have been rendered by the deceased.