1.0 This appeal is directed against the judgement and award dated 14.12.2001 passed by the learned Motor Accident Claims Tribunal (Auxi), Bhavnagar order below Exh. 5 in Motor Accident Claim Petition No. 232 of 2001 wherein the Tribunal has awarded a sum of Rs.4,09,500/ along with interest at the rate of 9% from the date of petition till the date of deposit.
2.0 On 25.01.2001 at about 8.00 P.M. Khumabhai Bhurabhai Siyal was waiting for the bus on the right hand side of the TalajaMahuva highway near the Datha Chaukadi to proceed Vataliya Village. The S.T. Bus No. G.J. 18 V 7062 came from Talaja in a rash and negligent manner and dashed with Khimabhai who sustained serious injuries and ultimately succumbed to the same. The legal heirs preferred the aforesaid claim petition wherein the learned 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 erred in considering the yearly income of the deceased to be Rs. 40,000/.
4.0 I have heard the learned Advocate for the appellant and perused the documents on record.
5.0 As regards the income of the deceased is concerned, it was stated that the deceased was doing labour work in diamond and was earning Rs. 4000/ per month. The affidavit of Master of deceased Makwana Vallabhbhai Dulabhai at Mark 17/8 and one certificate given by the at Mark 17/7 were produced. The Master of deceased has not produced any Books of Account or any slip to show that the deceased was earning Rs. 4000/. The claimants have not produced any documentary evidence to show that the deceased was earning Rs.1500/ to Rs. 2000/ from agricultural work. Hence, in view of absence of documentary evidence regarding the income of the deceased, the learned Tribunal has assessed the income of Rs.40,000/ per year. The deceased was 40 years and multiplier of 16 is applied which comes to Rs. 6, 00, 000/as per Second Schedule. 1/3rd deduction from Rs. 6, 00,000/ comes to Rs. 4,00,000/.
6.0 Learned Tribunal has awarded Rs. 4500/ for loss to the estate and funeral expenses. The learned advocate for the appellant could not point out to take a different view in the matter. The amount awarded by the Tribunal is just and proper. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
7.0 In the premises aforesaid, the appeal is dismissed.
(K.S.JHAVERI, J.) niru*