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Chanduben vs Rajendra

High Court Of Gujarat|11 January, 2012

JUDGMENT / ORDER

1. This appeal has been preferred against the common judgment and award dated 05.10.2001 passed in M.A.C.Ps. No.1154/1991, 1253/1991, 63/1992 & 64/1992 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals. In this appeal, we are concerned with the award passed in M.A.C.P. No.1253/1991 insofar as the claim of the appellant was allowed to the extent of Rs.1,08,500/- only.
2. The facts in brief are that on 10.10.1991 at around 1145 hrs. while Samudi, daughter of appellant, original claimant, was travelling in the ST bus bearing registration No. GJ-1-T-9834 driven by respondent no.1 herein, it dashed with a Matador. As a result thereof, Samudi sustained severe bodily injuries and ultimately, died. The claimants filed claim petition before the Tribunal claiming compensation of Rs.1,25,000/-. However, the same came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal.
3. Heard learned counsel for the appellant and respondent-Corporation. Though served, none appears on behalf of respondents no.1 & 3 to 5. The deceased was the daughter of the original claimants and was aged about 12 years at the time of accident. In the absence of any documentary evidence to prove her income, the Tribunal assessed her prospective income at Rs.1,500/-. Even if we follow the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121 for calculating compensation, the amount would not differ much. Hence, I do not find any reasons to disturb the impugned award of the Tribunal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top
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Title

Chanduben vs Rajendra

Court

High Court Of Gujarat

JudgmentDate
11 January, 2012