NATIONAL INSURANCE CO LTD Vs. HANSABEN LILESHKUMAR PATEL

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -Insurance Company challenging the judgement and award dated 24th July, 2002 passed in M.A.C.P. No.149 of 1994 by the Motor Accident Claims Tribunal (Auxiliary), Kachchh at Bhuj ("the Tribunal" for short), awarding the compensation to the tune of Rs.9,45,000/ - together with interest at the rate of 9% per annum from the date of the petition till deposit with proportionate costs to the heirs of the deceased Lileshkumar Nanalal Patel.

(2.) THE facts of the case briefly stated that that the deceased Lileshkumar was a taxi operator and on 2nd January, 1994, he was going from Bhuj to Dayapar with the car bearing Registration No. GJ -12 -U -1559 with the passengers travelling in the said taxi. The deceased was driving the taxi on the left side of the road with moderate speed. When the deceased reached near the Water Supply Tank between Ravapar and Matana Madh on Bhuj -Lakhpat road, respondent No.5 -original opponent No.1 came with his tanker bearing Registration No. GJ -12 -T -6502 in a rash and negligent manner with full speed. It was also the case of the claimants that respondent No.5 -driver of the offending tanker lost control over the tanker and it went on the wrong side of the road and collided with the taxi, resulting into the unfortunate accident, as a result of which, the deceased sustained serious injuries and ultimately, succumbed to them. Therefore, the heirs of the deceased filed M.A.C.P. No.149 of 1994 for the untimely death of the deceased in the vehicular accident claiming the compensation of Rs.15 Lakhs.

(3.) MS . Megha, Jani, learned Advocate for the appellant, has contended that the Tribunal has materially erred in appreciating the evidence on record while arriving at the quantum of compensation and has awarded the amount of compensation on higher side. She contended that the Tribunal has erred in considering the prospective income for the purpose of dependency benefit and/or arriving at the datum figure and has wrongly taken the income of the deceased at Rs.6,000/ - per month. It has also been contended that the Tribunal has adopted the multiplier of 18 which is also on higher side. She, therefore, submitted that the impugned judgement and award accordingly deserves to be modified.