GOUTHAM BAFNA Vs. J PRAMOD KUMAR BANSAL

JUDGEMENT

(1.) (Civil Miscellaneous Appeal against the judgment and decree in M.C.O.P.No.2382 of 2000 dated 01.04.2003 on the file of Motor Accidents Claims Tribunal, Addl. District Judge, Fast Track Court No.V, Chennai.)In the claim petition, it is stated that on 24.11.99 at about 09.30 a.m., while the deceased was traveling as a pillion rider in a motor cycle with Registration No.TN-20A-2056 along T.H. Road, Chennai-21, the first respondent's van with Registration No.TN-04X-1251 was driven by its driver in a rash and negligent manner dashed against the motor cycle and the deceased sustained grievous injuries. Later, he died in the hospital on 30.11.99. The driver of the van was responsible for the accident. Hence, a sum of Rs.7,00,000 is prayed for as compensation.

(2.) IN the counter filed by the second respondent, it is stated that the insurance of the van, age, occupation, employment and monthly income of the deceased are not admitted. The dependency and the status of the legal heirs of the deceased have to be proved by them. The amount claimed is excessive. Hence, the petition has to be dismissed.

(3.) IT is stated that the deceased P.Udaychand Bafna was a financier and was earning above Rs.1,00,000/- per year, for which the details of income prepared by the Chartered Accountant Ex.P.6 has been produced, which shows that his annual income is Rs.1,06,610/- The tribunal has considered average income Rs.1,00,000/- per annum, deducted 1/3rd and Rs.66,666/- is taken as his contribution to the family and since the deceased was aged 67 years, there was likelihood for his continuing to live for another three years alone. In view of the life expectancy upto 70 years, the tribunal has also followed a principle reported in A.I.R 2002 S.C.2607, United India Insurance Co.Ltd., Vs. Patricia Jean Mahajan and others, wherein it is held that for special reasons, some deviation from the schedule multiplier can be made.