CHANDUBHAI NATHABHAI PARMAR Vs. DHANABHAI LAXMANBHAI DESAI-DELETED

JUDGEMENT

(1.) THE claimants, who are parents of the deceased minor Pratapbhai Chandubhai Parmar, being aggrieved by the judgement and award dated 1st October, 1982 passed by the learned Member, Motor Accident Claims Tribunal (Main), Vadodara in M.A.C.P. No.22 of 1982, are before this Court with a submission that the learned Tribunal below was not justified in awarding only a sum of Rs.21,900/ - though the entitlement of the claimants was Rs.50,000/ -.

(2.) AS nobody has filed any Cross Appeal or Cross Objections, this Court is not required to deal with the aspects relating to the accident, death of the deceased and liability/responsibility of the driver and owner of the vehicle.

(3.) SHRI R. N. Shah, learned Counsel for the appellants, submits that looking to the age of the young boy, the multiplier ought to have been sixteen and not thirteen, as applied by the learned Tribunal below. He also submits that the learned Tribunal below was unjustified in assessing the dependency at Rs.1,300/ - per year only when it has come on record that the deceased was a brilliant student and was getting scholarship. It is also submitted that the learned Tribunal below was unjustified in holding that the deceased could have earned Rs.400/ - per month and would have contributed only 20% amount per month. In support of the claim, he submits that the future prospects of the young boy have not been taken into consideration and the learned Tribunal below arrived at an arbitrary figure.