ORIENTAL INSURANCE CO LTD Vs. DINESHCHANDRA VALLABHBHAI PATEL

JUDGEMENT

(1.) THE short facts of the case appears to be that deceased dineshchandra Vallabbhai Patel had gone to Vapi G. I. D. C. from village kapodara on motorcycle belonging to Janakbhai Ramjibhai Patel, opponent No. 1 and at about 5-45 p. m. , when deceased was returning on motorcycle near valsad Sugar Factory, on account of rash and negligent driving of the respondent no. 1, the driver lost the control over the motorcycle and it was slipped. As a result thereof, the deceased was thrown out from the motorcycle and sustained grievous injuries and died on the spot. The aforesaid incident resulted into filing of Claim Petition No. 795 of 1996 before the Tribunal for compensation of Rs. 10 lakhs. The Tribunal after adjudication, awarded the compensation of Rs. 7,35,000/- together with interest @ 12% p. a. and it is under these circumstances, the present appeal before this Court.

(2.) HEARD Mr. Nair, learned Counsel for the appellant and Mr. Tarak Damani for the original claimant. Considered the record and proceedings of the Tribunal.

(3.) THE contention raised on behalf of the appellant is only on the aspects of quantum of the amount of compensation awarded by the Tribunal. It has been submitted that the Tribunal has committed error in assessing the income of Rs. 48,000/- per year based on the evidence of the income as per the income tax return, which was filed only for 1 year and after the accident. It has also been submitted that the agricultural income is fully taken into consideration and so is the case for Dairy business of supplying milk. It has also been submitted that the deduction for the expense of the deceased himself is only rs. 1,000/- per month as against the settled position for deducting l/3rd of the amount. It has been therefore submitted that the compensation awarded by the Tribunal is on much higher side, and therefore, deserves to be reduced.