1.0 This appeal is directed against the judgement and award dated 19.10.2000 passed by the Motor Accident Claims Tribunal (Aux), Gondal in Claim Case No. 425 of 1993 wherein the claim petition preferred by the claimants came to be partly allowed by awarding compensation in the sum of Rs.3,50,000/ along with interest at the rate of 12% per annum.
2.0 On 21.06.1993 when Rameshbhai Hajabhai Dodiya was going on motor cycle No. G.A.I. 5791 from Upleta to Lutavadar, an S.T. bus came from opposite direction in a rash and negligent manner in excessive speed and dashed with him. As a result thereof, he sustained severe injuries and succumbed to the same. The legal heirs of the deceased filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant submitted that loss of dependency benefit assessed at Rs. 4000/ per month by learned Tribunal is on higher side. He submitted that no documentary evidence was produced in that regard.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the documents on record. The accident has occurred in the year 1993 and therefore at that time, the taxable income was Rs. 28000/. The learned Tribunal has assessed Rs. 4000/ per month and therefore the same is on higher side. The income ought to have been assessed at Rs.3500/ per month and Rs. 42000/ per year. Deducting 1/4th towards personal and living expenses, it would come to Rs. 31500/ ( Rs.42000/ Rs. 10500/). By considering the age the multiplier can be taken at 16 and accordingly the future loss of income would come to Rs 5,04,000/. The claimants are also entitled to Rs 10,000 towards loss of consortium, Rs. 5000/ toward funeral expenses and Rs. 10,000/ for loss to the estate, and thus the total amount would come to Rs. 5,29000/. 80% of Rs. 529000/ would come to Rs. 4,23,200/. Thus, the claimants are entitled to compensation of Rs. 4,23, 200/. However, the claimants have claimed only Rs.3,50,000/ and therefore they are entitled to Rs.3,50,000/.
6.0 In the premises aforesaid, the amount awarded by the learned Tribunal is just and proper. The appeal is devoid of merits and the same is dismissed.
(K.S.JHAVERI, J.) niru*