MANEKLAL NATOTTAM VYAS Vs. GULAM RASUL JALAMBHAI

JUDGEMENT

(1.) The claimants, being partly aggrieved by the award dtd.16/10/1982 passed by the Motor Accident Claim Tribunal, Nadiad in Motor Accident Claim Petition No.364 of 1981, are before this Court with a submission that the tribunal erred in not awarding better compensation to the claimants.

(2.) It is be noted that the Insurance Company, driver or owner of the offending vehicle have not filed any Cross Appeal or Cross Objection challenging the findings recorded by the tribunal that the offending vehicle was driven rashly and negligently and that the driver, owner and the insurance company are liable to answer the claim made by the claimants. Under the circumstances, this Court is required to consider the only question that whether the amount awarded in favour of the claimants is reasonable or not.

(3.) Mr.R.M. Vin, learned counsel for the appellants, after taking me through the evidence and findings recorded by the tribunal, submitted that the tribunal while assessing the income in-presentee to be Rs.750=00 erred in not taking into consideration future prospects of the deceased and erred in awarding less amount. According to him, if Rs.750=00 was the monthly income of the deceased, then, future income should have been assessed at Rs.1100=00 and the dependency should have been assessed at Rs.750=00 per month i.e. Rs.250=00 in addition to what the tribunal has already assessed.