NATIONAL INSURANCE COMPANY LTD Vs. ARIF SULEMAN SUMRA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 21.07.2016 passed by learned Motor Accident Claims Tribunal (Aux.), Una, in Motor Accident Claim Petition No.91 of 2012, the appellant - Insurance Company preferred present appeal under Section 173 read with Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short);

(2.) Heard Mr.Vibhuti Nanavati, learned counsel for the appellant. Though served, no one appears for any of the respondents. Record and proceedings have been called for and therefore, the appeal is taken up for its final hearing.

(3.) On perusal of the record and proceedings of learned Tribunal, following facts emerge from the record of the appeal:- That, on 02.05.1997, deceased Manu Lumbha Gohel, who happens to be son of respondent Nos.3 and 4 was going on the road near power house of village Bhacha, Taluka Una, at that time, respondent No.1, who was driving an Ambassador Car bearing its Registration No.GJ-03-T-8836, in excessive speed and in rash and negligent manner, collided with the deceased and because of that, deceased sustained injuries on the eyes, beard, chicks, ears, head and sore injuries on the whole mouth. Pursuant to the same, a complaint came to be registered, which is brought on record at Exh:43. The Panchnama was also made, which was exhibited at Exh:44. Record further indicates that, when the accident occurred, deceased was 25 years old and he died on 04.08.1997 at Civil Hospital, Ahmedabad. Respondent No.5 has been deleted as she has expired. The claimants adduced their evidence in form of Examination- in-Chief at Exh:39 and documentary evidence such as Copy of FIR at Exh:43, Copy of Spot Panchnama at Exh:44, Copy of Driving License of Driver - respondent No.1 at Exh:45, Copy of R.C.Book of the vehicle at Exh:46 and Copy of Insurance Policy at Exh:47. The Insurance Company also brought on record a copy of the original Insurance Policy at Exh:48. Learned Tribunal framed total 3 issues at Exh:33 and after hearing the parties and considering the evidence produced on record, came to the conclusion that income of the deceased was Rs.1,500/- per month and after deduction 1/3rd of the same, applying 18 multiply, came to the conclusion that the claimants are entitled to the compensation of Rs.1,44,000/- under the head of loss of dependency and loss of future income and further awarded Rs.38,000/- towards conventional heads and funeral expenses, thereby, total aggregating to Rs.1,82,000/- alongwith 9 % percent interest from the date application till the date of its realization. The said judgment & award is impugned in this appeal.