[1] By way of this appeal, the appellant has challenged the judgment and award dated 09.08.2001 passed by the Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claims Petition No.764/1992 whereby the tribunal has allowed the claim petition in part and awarded compensation of Rs.4,13,900/- along with costs of the petition and interest at the rate of 9% p.a from the date of filing of the petition till realization.
[2] The facts of the present appeal are that on 16.08.1992 the accident took place. In the said accident, the deceased Jenti Vasava was going with his brother-in-law Udesing Vasava on his cycle and while coming to his home at that time one S.T.Bus coming behind them with full and excess speed dashed with the cycle and as a result of which the deceased who was sitting as pillion rider fell down and sustained serious injuries on the head. Thereafter, he was admitted in Civil Hospital, Bharuch and, was transferred to S.S.G. Hospital, Vadodara and there he died during the treatment. Therefore, the legal heirs of the deceased filed the aforesaid claim petition before the Tribunal for compensation of Rs.5,00,000/-.
[3] Heard learned advocates for the parties.
[4] Learned advocate for the appellant submitted that the accident took place in the year 1992. He submitted that the tribunal has committed an error in awarding Rs.4,13,900/-. He submitted that there is no cogent reliable evidence produced by the claimants in support of the claim of income. He submitted that looking to the FIR filed by Udesinh who was driving the bicycle, it appears that no incident of accident had taken place because of any negligence on the part of the original opponent No.1. He submitted that the deceased was working in railway and was earning Rs.2000/- p.m. He submitted that looking to the FIR filed by Udesinh, the brother-in-law of the deceased, in which it is stated that he took cycle on the side of the road and at that time, he could not control his cycle and therefore slipped. He submitted that the deceased fell down on the road and received injuries on back of head and on seeing this driver of bus stopped the vehicle and took the deceased to Hospital. He submitted that there was no negligence on the part of S. T. Driver nor any impact caused by the bus to the cyclist. He, lastly, urged that the appeal is required to be allowed and the judgment and award is required to be quashed and set aside.
[5] Having perused the evidence on record and considered the submissions of the parties and having gone through the judgment and award of the Tribunal, I am of the view that the Tribunal, while considering the contentions and evidence like FIR at Ex.24, panchnama at Ex.25, P.M. Note at Ex.26, Inquest panchnama at Ex.27, pay slip of the deceased at Ex.42 and certificate of Western Railway at Ex.37, has observed that the accident occurred due to rash and negligent driving on the part of driver, opponent No.1 and as a result, the deceased sustained serious injuries on his head and ultimately succumbed to the injuries and died at S.S.G. Hospital, Vadodara. The Tribunal has observed in para No.6 as under :-
“So far as question of quantum is concerned, the applicant has stated that her deceased husband was drawing monthly salary of Rs.2,000/- at the time of accident but looking to the certificate issued vide Ex.37 his basic salary the year 1992 was Rs.762/- and according to the said certificate his salary would be Rs.2,960/- in the year May 2000 and presuming that if he would have been alive he would have got the salary of Rs.4,500/- at the end of his service in view of the future pay commission and revised pay scale. That in view of 1996 Pay Commission, his basic pay scale was changed from 750-940 to 2550-3200. Consequently the total amount i.e. Rs.762/- plus Rs.4,500/- would work out at Rs.5,262/- p.m. Considering the whole span of future career and taking an average of 50% of his future monthly income during the rests of his life, would have worked out at Rs.2,631/- and out of that if we deducted 1/5th towards his personal expenses that comes to Rs.2,105/-. On that basis 12 months earning would have been Rs.2,105 x 12 = 25,260/-. The age of the deceased was of 30 years, 15 years multiplier will be proper and which comes to Rs.25,260 x 15 = 3,78,900/-. Further under the head of loss of expectation of life, loss of consortium to the wife and loss of love and affection to the children of the deceased and for pain, shock and suffering. I award Rs.25,000/- and Rs.10,000/- towards funeral charges and transportation charges etc and as such the applicants are entitled to recover total amount of compensation to the tune of Rs.4,13,900/- from the opponents and as such I decide issue No.2 partly in the affirmative.”
[6] In view of the aforesaid, I am in complete agreement with the findings and reasoning of the Tribunal and the same is just and proper, therefore, no interference is required to be called for. Hence, the present appeal deserves to be dismissed.
[7] For the foregoing reasons, the present appeal stands dismissed.
[ K. S. JHAVERI, J. ] vijay