JAYANTIBHAI MAGANBHAI PARMAR Vs. MOHANBHAI PARSOTTAMBHAI PARMAR

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dated 16.01.2017 passed by the Motor Accident Claims Tribunal, Surat in MACP No. 1039 of 2012, the appellant-claimant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) Heard Mr. Hiren Modi, learned advocate for the appellant and Mr. H.G. Mazmudar, learned advocate for the respondent no.5. As short question arise in this appeal and liability is not denied by the Insurance Company, at the request of learned advocates for the appellant as well as Insurance Company, the appeal is taken up for final disposal. Mr. Modi, learned advocate for the appellant has also produced for perusal of this Court the copies of the oral as well as documentary evidence adduced before the Tribunal.

(3.) The facts indicating that the accident took place on 23.06.2012 between Motorcycle bearing registration No.GJ-5-BP-1461 being driven by the respondent no.1. The record reveals that the deceased was pillion rider and both of them were proceeding towards Machhi to Digas. The record further reveals that one Truck bearing registration No.GJ-18- TC- 0455 being driven by the respondent no.3 in rash and negligent manner, dashed with the Motorcycle, because of which, deceased fall down and received fatal injuries and died on the spot. It is the case of the appellant that deceased minor was 15 years old. It deserve to be noted that initially the Claim Petition preferred under Section 163 A of the Act, which was thereafter converted into application under Section 166 of the Act, which was permitted by the Tribunal vide order passed below Exh.25. The appellant-claimant relied upon the oral deposition of the appellant-claimant as well as documentary evidence such as FIR at Exh.32, Panchnama of scene of offence at Exh.33, Postmortem Note of the deceased at Exh.36. The Tribunal came to the conclusion that the age of the deceased was not 15 years as claimed by the appellant-claimant but was 13 years. Relying upon the school leaving certificate at Exh.38, the Tribunal assessed the income of the deceased at Rs. 15000/- and awarded sum of Rs. 1,35,000/- under the head of future loss of income and awarded Rs. 10,000/- as funeral expenses. Thus, while partly allowing the application, the Tribunal was pleased to grant compensation at Rs. 1,70,000/- along with Rs. 25000/- under the head of love and affection with 9% interest p.a. 3. 1. Being aggrieved and dissatisfied with the judgment and award passed by the Tribunal, the appellant-claimant has preferred this appeal.