1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant has challenged the judgment and order dated 9th December 2002 passed by the learned Motor Accident Claims Tribunal, (Aux.), Bhavnagar in MAC Petition No.546 of 2001 whereby the Tribunal has allowed the claim petition filed by the claimants.
2 The short facts of the present appeal are that on the date of the incident i.e. on 26th February 2001 in the morning at about 9.00 AM while the deceased was travelling on the two-wheeler being Motorcycle bearing No.GJ.4.L 9062 as a pillion rider, the said bike was involved in the accident due to which deceased received serious injuries and succumbed to the same. The present claim petition was filed by the claimant who is real brother of the deceased claiming compensation of Rs.5 lakhs.
3 At the time of the death of deceased, the deceased was in the age group of 30-35 years. The Tribunal considering the fact that the deceased was earning Rs.15,000 per year, arrived at Rs.2,55,000 by applying the multiplier of 17. Out of the same, after deducting 1/3rd amount thereof towards his personal expenses the Tribunal considered Rs.1,70,000 towards future economic loss. The Tribunal has also awarded Rs.2,500 as the loss of estate and Rs.2,000 loss of consortium, etc. Thus, in all, Rs.1,74,500 was awarded to the claimants.
4 Considering the reasoning of the learned Tribunal, I am of the view that no interference is called for. The appeal is devoid of any merits. No interference is called for. Hence, dismissed.
(K.S.Jhaveri, J.) *mohd