By way of filing this appeal, the appellants – original claimants have challenged the judgment and award dated 16th April 2002 passed by the learned Motor Accident Claims Tribunal, (Aux.1), Kachchh at Bhuj in Motor Accident Claim Petition No.669 of 1998 whereby the Tribunal awarded Rs.2,65,500 towards compensation to the claimants. 2 The short facts of the present case are that on the date of the incident, that is, on 24.8.1997 deceased – Hareshbhai Bhikhabhai Joshi, who was working as a Driver on truck bearing No.GJ-12-U 5316, was driving the said truck for going to Sutrapada from Pandra for unloading lignite. The said truck was passing through on Rajkot-Porbandar Highway and when it reached Kagvad village at that time the said truck was given a dash by another truck bearing No.GJ 3 V 7028 due to which he received sustained serious injuries and died due to the same. The appellants being the wife and children filed the claim petition. The learned Tribunal vide its judgment and award awarded Rs.2,65,500/- to the claimants.
3 Feeling aggrieved by and dissatisfied with the judgment and award passed by the learned Motor Accident Claims Tribunal, (Aux.i), Kachchh at Bhuj in Motor Accident Claim Petition No.669 of 1998, the appellants – original claimants have filed this appeal for enhancement of compensation.
4 Learned counsel for the appellant has submitted that the Tribunal has committed an error in not considering the income of the driver at Rs.4750 per month as per the evidence on record and the Tribunal has committed an error in considering the income of the appellant at Rs.2,000 only.
5 The Tribunal has considered the income of the deceased at Rs.2,000/- in view of the fact that the certificate of income produced by the appellants in support of their case was turned out to be false as discussed by the Tribunal in para 33 of the judgment. Therefore, the Tribunal has considered the income of the deceased as Rs.2,000 per month and Rs.24,000 per year. As per Second Schedule it determined Rs.3,84,000 as the future economic loss. Out of the same, it deducted 1/3rd towards his personal expenses and awarded Rs.2,56,000 as the loss of dependency. The Tribunal has also awarded Rs.5,000 towards loss of consortium and Rs.2,000 towards funeral expenses and Rs.2,500 towards loss of estate. Thus, in all, the Tribunal awarded Rs.2,65,000/- along with interest at the rate of 9% per cent per annum.
6 In my view, the Tribunal has taken the correct view of the matter and no interference is required. The appeal is devoid of merits and the same deserves to be dismissed. Hence, the same is dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd