ANITHA PK PRABHAKARAN Vs. VIKRAMSINGH BALVANTSIGH SOLANKI

JUDGEMENT

(1.) THESE two appeals arise out of judgment and award rendered by M. A. C. T. (Main), Vadodara in M. A. C. Petition nos. 1006 and 1007 of J90 rendered on 8. 10. 1997.

(2.) THE claimant Mrs. Anitha P. K. Prabhakaran and her husband P. K. Prabhakaran were travelling with their son pratish on Spark Moped No. GUB 2708 on the Gorva Road. The two wheeler was being driven by Prabhakaran. When they reached near Bunglow No. D-1/2 of chanakyapuri Society, tractor no GBW 9567 came from behind and dashed with the behind portion of the Moped. The said tractor was driven by original opponent no. 1. In the accident, all the three occupants of the Moped sustained injuries but unfortunately, P. K. Prabhakaran succumbed to the injuries. His heirs and legal representatives, therefore, preferred M. A. C. P. No. 1007 of 1990 claiming a compensation of Rs. 25 lacs. The Tribunal, however, awarded a compensation of rs. 7,52,000/- with proportionate costs and interest on that amount @ 12% p. a. , considering the fact that the deceased was working as Stenographer in a private company (Ingersoll Rand (India) Limited)drawing a salary of Rs. 4000/- per month. Considering the imponderables, the tribunal held that the actual income of the deceased may be added with double the amount and then be divided by two to arrive at the prospective rise in income rather than going by the figures given by the witnesses of the claimant to show the income that the deceased would have drawn had he reached the age of superannuation and had he got two promotions.

(3.) THE Tribunal, while deciding the m. A. C. P. No. 1006 of 1990 where the claim amount was Rs. 2 lacs, awarded a compensation of Rs. 61,000/- taking into consideration 20% permanent partial disability of the claimant by assessing her personal might at Rs. 500/- per month turning down her case that she was also earning by rendering tuitions. The Tribunal adopted a multiplier of 15 and assessed the future loss of income at Rs. 18,000/ -. The tribunal awarded compensation of rs. 30,000/- under the head of pain, shock and suffering and rest in the medical expenses etc.