JAYABEN PRANJIVANDAS POPAT Vs. SURESHCHANDRA CHOGALAL RAO

JUDGEMENT

(1.) THIS appeal arises out of a judgment and award dated 24.3.2000 passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in MAC Petition No. 928 of 1991.

(2.) ON 21.5.1991 when one Shri Natverlal Popat was travelling in his Maruti car, his car met with an accident. The car dashed against a truck which sped away after causing the accident. Natverlal who himself was driving the Maruti car received fatal injuries. His wife, son and another near relative who were also travelling the same car also received bodily injuries. For the death of Natverlal, his widowed mother, his widow and two sons filed the above mentioned claim petition seeking compensation of Rs.25 lakhs from the driver, owner and insurer of the truck involved in the accident.

(3.) THE Claims Tribunal came to the conclusion that the accident was caused on account of 60% negligence attributable to the driver of the truck and 40% negligence of the Maruti car i.e. the deceased himself. With respect to the quantum of compensation, before the Tribunal it was urged by the claimants that the deceased was an income -tax practitioner and with his experience and qualifications, had the potential of earning income of Rs.2 lakhs per year. The age of the deceased on the date of the accident was 48 years. The Tribunal believed the prospective income of the deceased at Rs.16,000/ - per month or Rs.1,92,000/ - per year, adopted the multiplier of 12 and adding other conventional amounts, computed the compensation at Rs.15,86,000/ -. Since, however, the Tribunal held that the deceased himself was negligent to the extent of 40% in causing the accident, in the ultimate award, the Tribunal reduced the compensation payable to the claimants by 40% of the above sum. Eventually, the Tribunal awarded a sum of Rs.9,39,600/ - to the claimants.