SUPADU SK BHIYYA Vs. PRALAHAD RAMDAS SAPKAL

JUDGEMENT

(1.) Heard Shri A.M.Gholap, learned Counsel appearing for the appellants and Shri A.B.Gatne, learned Counsel appearing for the respondent No.3 Insurance Company. What should be the percentage of deduction for personal expenditure while determining the amount of compensation is the question raised in the present appeal.

(2.) The present appellants had filed Motor Accident Claim Petition No.186 of 1998, before the Motor Accident Claims Tribunal at Jalgaon, claiming compensation on account of death of their son in a vehicular accident happened on 14.11997, having involvement of Matador bearing registration No.MH-19/ 5031 owned by present respondent No.2 and insured with respondent No.3 Insurance Company. Appellants had claimed the compensation of Rs. 2,50,000/-. The age of deceased was stated to be 22 years and his income was claimed to be Rs. 2,500/- per month i.e. Rs. 1,000/- per month by way of salary and Rs. 50/- per day by way of Bhatta amounting to Rs. 1,500/- per month. The Tribunal after having assessed the evidence on record awarded the compensation of Rs. 1,20,000/- to the appellants/claimants. The Tribunal held income of the deceased to the tune of Rs. 1,000/- per month and by deducting half of it towards personal expenses, determined the amount of compensation to Rs. 78,000/-. The Tribunal has also awarded Rs. 25,000/- towards non-pecuniary damages and Rs. 17,000/- towards medical expenses. Thus, total compensation of Rs. 1,20,000/- has been awarded by the Tribunal to the appellants. Aggrieved by, the appellants have preferred the present appeal.

(3.) Learned Counsel Shri Gholap submitted that the Tribunal has grossly erred in not considering that the deceased was getting an amount of Rs. 50/- per day by way of Bhatta, which was being used by him to meet his own expenses and salary amount was available to be spent on his parents. The learned Counsel submitted that the Court has also not awarded adequate amount towards non-pecuniary damages. The learned Counsel prayed for adequate enhancement in the amount of compensation.