CHAMPABEN Vs. ANOPSINH SOMANHAI BARIA

JUDGEMENT

(1.) In this appeal under Section 173 of the Motor Vehicles Act, 1988, the original claimants have prayed for enhancement of the compensation awarded by Motor Accident Claims Tribunal, Panchmahals at Godhra in MACP No.495/1995 on account of the death of Chandrasinh Dhulabhai Rathod who died at the age of 45 years in motor vehicle accident between a Tractor-Trolley insured by respondent no.3-United India Insurance Co. ltd. and Scooter being driven by the deceased. The petition was filed for compensation of Rs.15,00,000/-. The Tribunal awarded compensation of Rs.6,31,000/- with proportionate costs and interest. In this appeal, widow and three children of the deceased have prayed for additional compensation of Rs. 2,00,000/-.

(2.) On 5th May, 1995, the deceased was driving his Scooter on a public road in the Panchmahals District when it was knocked down by the Tractor-Trolley insured by respondent no.3 insurance company causing fatal injuries to the Scooter driver. The Tribunal held the driver of the Tractor- Trolley entirely responsible for the accident in question. The insurance company has not filed any cross appeal or cross objections. It is therefore, not necessary to give any further facts having bearing on the question of negligence.

(3.) On the question of quantum of compensation, claimants produced the evidence regarding the income which the deceased was actually receiving on the date of accident and further examined an employee of the Taluka Panchayat for showing that deceased was employed as Talati-cum-Mantri since the year 1074 and that on the date of accident in May, 1995, the deceased was receiving basic pay of Rs. 1440/- and that with dearness allowance, his total emoluments were Rs.3,858/- per month. The witness further stated that with effect from 1st January, 1996 the pay scale of Talati-cum-Mantri was revised to Rs.4,000- 6,000 and that the basic pay of the deceased on the date of deposition i.e. in August 1999 would have been Rs.4800/- per month and with dearness allowance his total emoluments would have been Rs.6,781/-per month. The witness further stated that the deceased would have retired in October 2007 and would also have received gratuity, provident fund, leave encashment, etc.