FATTU Vs. RAJU SINGH

JUDGEMENT

(1.) The appellants in Claim Case No. 47/2006 made a claim for a sum of Rs. 8,00,000.00 (eight lacs) as compensation in respect of death of Kushal Singh in an accident. Appellant Nos. 1 and 2 are the parents of the deceased while other appellants are his brother and sister. It was alleged that while the deceased 12th Jan., 2005 at 12.00 p.m. was travelling in a jeep, on account of rashness and negligence of its driver Rajusingh respondent No. 1, the jeep fell into a ditch resulting in severe internal injuries to Kushal Singh. Kushal Singh ultimately succumbed to the injuries.

(2.) The Claims Tribunal in award dated 3rd May, 2006 in Claim Case No. 47/2006 finding that there was no evidence with regard to the income of the deceased, considered the income on notional basis, awarded the compensation of Rs. 87,000.00 (eighty seven thousand) to the claimants inclusive of Rs. 2,000.00 for funeral expenses by holding that parents were entitled only to ⅓rd of the income of the deceased. It is against the inadequacy of the compensation that the claimants are in appeal.

(3.) Learned Counsel for the appellants has vehemently urged that apart from the facts that notional income should not have been taken as income of the deceased when there was a positive evidence that he was having income, the Tribunal committed a gross illegality in awarding only ⅓rd of the income of the deceased to the parents, his brother and sister while the personal expenses of the deceased should have been restricted to 1/ 3rd of the income and ⅔rd should have been awarded to the claimants. In this connection learned Counsel has referred to the case of Apex Court in Fakeerappa & Anr. Vs. Karnataka Cement Pipe Factory & Ors., 2004 A.C.J. 699 , the case of this Court in Kalyan Sahai & Anr. Vs. H.D. Yadav & Ors., M.A. 2040/2004 , another case of this Court in Ranchchod Bhai & Anr. Vs. Amarsingh & 2 Ors., M.A. 1515/2006 , and judgment of Supreme Court in Gujarat State Road Transport Corporation Vs. Ramanbhai Prabhatbhai & Anr., 1987 (II) A.C.J. 561 ,.