ORIENTAL INSRUANCE COMPANY LTD. Vs. BHUPENDRABHAI PUJABHAI PARMAR

JUDGEMENT

(1.) By this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act"), the appellant has challenged the judgment and award dated 19.09.2017 passed by the Motor Accident Claims Tribunal (Aux), Vadodara in MACP No. 175 of 2016.

(2.) The facts indicate that the accident took place on 02.02.2016. The record indicates that when the deceased Ritaben was going on Activa scooter bearing registration No. GJ-06-CP-4822 for darshan to Somnath Temple S.R.P. Group No.9, she was driving the vehicle on the left side of the road at about 11.15 hrs. in the morning, the offending tempo bearing registration No. GJ-06-T-4574 came in high speed in a rash and negligent manner dashed with the Activa from behind because of which she sustained severe injuries and succumbed to the injuries. A complaint was lodged with the Marpura Police Station being ICR No.22 of 2016. The deceased was aged about 50 years. The record indicates that the deceased was double graduate and she used to earn Rs. 13,000/per month by taking tuitions of students from 5th to 12th standard and other works. The claim petition was preferred by the claimants wherein the claimants claimed Rs. 10,00,000/as compensation.

(3.) The oral evidence was led by the claimants through Bhupendrabhai Parmar, husband of the deceased Ritaben at exhibit 12 and also relied upon documentary evidence, more particularly the FIR at exhibit 30, panchnama of the scene of the accident at exhibit 31, PM Note at exhibit 33, driving license of the deceased. The claimants also relied upon the driving license of the driver of the temp at exhibit 38 and 39 as well as RC book of the tempo at exhibit 40. The Tribunal assessed the income of the deceased at Rs. 6,000/per month and also considered prospective increase to the tune of 30% and ultimately, by applying the multiplier of 13, awarded Rs. 8,11,200/under the head of Dependency Loss. The Tribunal also awarded Rs. 25,000/under the head of funeral expenses, Rs. 1,00,000/under the head of loss of consortium and Rs. 2,00,000/under the head of love and affection and thereby awarded total compensation of Rs. 11,36,200/with 9% interest from the date of the filing of the claim petition till its realisation. Being aggrieved by the said judgment and award, the present appeal is filed by the appellant insurance company.