KAJAL RONAKKUMAR DAVE Vs. POPATJI SURAJI THAKOR

JUDGEMENT

(1.) Heard learned advocate Mr.Hiren Modi for the appellant, learned advocate Mr.Sandip C. Shah for the respondent no.3 and learned advocate Mr.Palak H. Thakkar for the respondent no.5. Notice upon respondent nos. 2 and 4 can be dispensed with considering the decision of Hon'ble Supreme Court of India in case of A.Robert V/s. United Insurance Co. Ltd. reported in AIR 1999 SC 2977 read with Order 47 Rule 14(4) of the Code of Civil Procedure, though served but remain absent before the tribunal and issue raised by the claimant in this appeal for quantum of compensation. Compensation awarded in her favour for injury sustained by him in a vehicular accident. I also perused the record as well as Record and proceedings.

(2.) The appellant herein is a victim of the road accident which took place on 22.12.2001 when claimant was traveling with her husband as a pillion rider on Motor Cycle No.GJ-8 H-2940. They were traveling from Ambaji to Palanpur, when Truck No.GJ-12 U-9531 was lying on the road without any signal and road was oily at such place and therefore, motor cycle dashed with stationary truck which resulted into fracture of right femur bone for which operative treatment was provided but ultimately there was 55% disablement. The appellant- claimant was teaching music and dance by private tuitions before such accident and was earning Rs.7200/- per month for livelihood of her family and therefore, because of such injuries, she has claimed an amount of Rs.10,00,000/- from owner and insurer of the offending truck. By impugned award dated 03.12.2013 in M.A.C.P. No.407 of 2002, the tribunal has awarded an amount of Rs.3,04,540/- with 8.5% interest to the appellant. Being aggrieved by such amount of compensation the appellant - claimant has preferred this appeal when none of the opponent had challenged the award, it becomes clear that there is no dispute regarding nature of incident, its result and liability of insurance company in making payment to the claimant so as to indemnify the owner of the vehicle and therefore, all such details are not material to be reproduced herein.

(3.) So far as quantum of compensation awarded to the present appellant is concerned, the tribunal has considered monthly income of the appellant is Rs.1500/- per month and taken 27.5% disability for entire body and taking 18 as suitable multiplier, Rs.1,48,500/- towards future loss of income. The tribunal has also awarded