1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 29.03.2004 passed by the Motor Accident Claims Tribunal (Aux), Ahmedabad in Motor Accident Claims Petition No. 30 of 1992 so far as the Tribunal awarded Rs. 249600/- as compensation with interest at 9% per annum.
3. It is the case of the claimants that on 01.04.1991 while the mother of the claimants was travelling in a municipal bus bearing registration no. GTE 5076 being driven by the original opponent no. 1 in a rash and negligent manner, she fell down as a result of which she sustained injuries on various parts of the body and succumbed to the same. The claimants therefore filed claim petition to the tune of Rs. 4,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
Mirza, learned advocate appearing for Mr. Marshall for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding higher amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the deceased. He submitted that considering the fact that the deceased was trying to get down from the moving bus, atleast contributory negligence ought to have been attributed on the part of the deceased.
5. Mr.
Modi, learned advocate appearing for the claimants supported the award of the Tribunal and submitted that the Tribunal has infact awarded compensation on lower side and therefore the award may not be disturbed.
6. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the accident occurred as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has assessed the monthly income of the deceased at Rs. 1100/-, the prospective income shall come to Rs. 1650/- per month and Rs. 19800/- per annum. Considering the deduction towards personal expenses at 1/5th of income, the loss of dependency comes to Rs. 15840/-. Adopting multiplier of 16, the future loss of income shall come to Rs. 253440/-. The Tribunal has in fact awarded Rs. 2,37,600/- under this head which is in fact on lower side. Therefore this court does not see any reason for causing interference.
7. In the premises aforesaid, appeal is dismissed. No costs.
(K.S.
JHAVERI, J.) Divya// Top