NATIONAL INSURANCE CO Vs. TUSHAR ARVINDBHAI PATEL

JUDGEMENT

(1.) These appeals arise out of a common judgment passed by the Motor Accident Claims Tribunal, Bhuj, in two separate motor accident Claim Petitions arising out of the same accident.

(2.) Briefly stated, the facts are that one Arvindbhai Patel and his wife Ratnaben were traveling from Mumbai, going towards Ahmedabad in a luxury bus.

(3.) On behalf of the claimants, it was pointed out before the Claims Tribunal that deceased Arvindbhai was serving as an Assistant Accountant in a construction company called Laxmanbhai Construction Limited since the year 200 According to the claimants, he was drawing a salary of 70,000 Kenyan Shillings per month. He was aged about 50 years. The Claims Tribunal believed his income to be 45,000 Kenyan Shillings which was converted into Rs. 27,270/ per month in Indian currency. 1/3rd thereof was set apart for the personal expenditure of the deceased, leaving a net of Rs. 18,200/ per month for the deceased. The Tribunal applied a multiplier of 13 to workout the loss of dependency benefit at Rs. 28,39,200/, to which, the Tribunal added Rs. 10,000/ for funeral expenses and Rs. 25,000/ towards loss of estate, making grand total of Rs. 28,74,200/.