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Chanchalben Wd/O Chhotalal B Shah vs Samantsinh Pratapsinh Parmar & 3 Defendants

High Court Of Gujarat|18 January, 2012
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JUDGMENT / ORDER

1.0 This appeal is directed against the judgement and award dated 31.03.1993 passed by learned Motor accident Claims Tribunal (Main), Ahmedabad ( Rural) at Mirzapur in Motor Accident Claim Petition No. 282 of 1984 wherein the Tribunal has awarded a sum of Rs. 39, 680/­ .
2.0 The accident occurred on 09.02.1984 at 12.40 p.m on the National Highway No. 8 near village Jetalpur. The vehicles involved in the accident were the S.T. Bus driven by opponent No.1 and truck No. GRR 8444 driven by opponent No. 3 and insured by United India Insurance Company. The claimant was travelling in the S.T. Bus as passenger who received injuries in the accident. She therefore, filed the Motor Accident Claim Petition No. 282 of 1984 whereby the Tribunal has passed the aforesaid award which is challenged in the present appeal.
3.0 Learned Advocate appearing for the appellant contended that the learned Tribunal has committed error in assessing the income of the appellant as Rs. 500/­ per month and consequently the learned Tribunal has committed error in assessing the actual loss of income and future loss of income and that the learned Tribunal should have awarded Rs. 25,000/­ towards the head of pain, shock and suffering.
4.0 Learned advocate appearing for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the documents on record.
6.0 As regards the income is concerned, the claimant has deposed that she was doing agricultural work and was helping in agricultural work and she was also working at home. However, it was argued that income cannot be more than Rs. 500/­ in absence of any proof. Hence, the learned Tribunal has rightly assessed the monthly income of Rs. 500/­ per month.
7.0 As regards the future loss of income is concerned, the learned Tribunal has calculated at the rate of Rs. 95/­ per month and Rs. 1140/­ per year. The multiplier of 12 years has been applied considering the age of the claimant. By applying multiplier of 12 years, it will come to Rs.13, 680/­ ( Rs. 1140/­ x 12).
8.0 Learned Tribunal has awarded Rs. 15, 000/­ for pain, shock and suffering which in my opinion is just and proper. Further, the amount awarded under the different heads are also just and proper.
9.0 The appellant could not persuade this court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
10.0 In the premises aforesaid I do not find any merits in the appeals.
The same are therefore dismissed.
(K.S. JHAVERI, J.) niru*
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Title

Chanchalben Wd/O Chhotalal B Shah vs Samantsinh Pratapsinh Parmar & 3 Defendants

Court

High Court Of Gujarat

JudgmentDate
18 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Umesh A Trivedi