NATIONAL INSURANCE COMPANY LTD Vs. ABDULKADAR ABDULGANI MUNSHI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (hereinafter referred to as "the learned tribunal") in MACP No.310/2013 by which the learned tribunal has partly allowed the said Claim Petition and has awarded a total sum of Rs.41,50,000/ - to the original claimants towards compensation for the death of the deceased -Jahiruddin, the appellant herein -Insurance Company has preferred the present First Appeal.

(2.) In a vehicular accident, which occurred on 02/03/2007 / 03/03/2007, deceased -Jahiruddin -son of original claimants nos.1 and 2 and brother of original claimant no.3 died, and therefore, the original claimants -parents and brother of the deceased filed the aforesaid Claim Petition before the learned tribunal claiming a total sum of Rs.40 lakhs towards compensation under different heads.

(3.) Shri Maulik Shelat, learned advocate appearing on behalf of the appellant -Insurance Company has vehemently submitted that the learned tribunal has materially erred in awarding Rs.41,50,000/ - in all towards the compensation for the death of the deceased -Jahiruddin. It is submitted that the learned tribunal has materially erred in considering the income / salary of the deceased at Rs.25,000/ - per month. It is submitted that the learned tribunal has materially erred in adding 50% towards the prospective income i.e. Rs.12,500/ - per month. It is submitted that thereafter the learned tribunal has materially erred in awarding Rs.3 lakhs under the conventional heads. It is submitted that at the most and considering the fact that the accident had occurred in the year 2007 the original claimants shall be entitled to Rs.1,10,000/ - only under the conventional heads and funeral expenses.