1. This appeal has been preferred against the judgment and award dated 10.08.2004 passed by the Motor Accident Claims Tribunal (Aux.I), Kutch - Bhuj in M.A.C.P. No.403/2003 filed u/s.163-A of the M.V. Act whereby, the claim petition was partly allowed and the respondents-original claimants were awarded Rs.3,93,500/- as compensation along with interest at the rate of 9% per annum from the date of application till its realization.
2. The facts in brief are that on 23.06.2003 while Alana Hasan Korar was going towards Bhuj from Saiyedpar on his bicycle, a Car bearing registration no. GJ-12J-5211 driven by respondent no.6 and insured with respondent no.7 collided with an ST bus bearing registration no. GJ-18V-5343 driven by respondent no.5 and belonging to the appellant-Corporation. As a result of the said accident, the driver of the ST bus lost control over the vehicle and it dashed the bicycle. In the said accident, Alana Hasan Korar sustained severe bodily injuries and ultimately, died. His legal heirs filed the claim petition u/s.163-A of the M.V. Act, which came to be partly allowed by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties. It is not in dispute that both the ST bus and the Car in question were involved in the accident. Since the claim petition was filed u/s.163-A of the M.V. Act, the issue regarding negligence is not required to be looked into. So far as the quantum of compensation is concerned, the Tribunal has assessed the prospective income of the deceased at Rs.3,000/- per month. It appears from the record that the claimants had not produced any documentary evidence to prove the income of the deceased. In absence of the same and considering the fact that the deceased was working as a Driver of luxury bus, the Tribunal assessed his monthly income at Rs.2,000/- and prospective income at Rs.3,000/-, which, in my opinion, is just and reasonable. On that basis, the Tribunal assessed the total loss of dependency at Rs.3,84,000/- by deducting 1/3rd towards personal expenses and by adopting the multiplier of 16. Considering the facts of the case and the evidence on record, I am of the view that the compensation awarded by the Tribunal is just, legal and appropriate and I find no reasons to disturb the same.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top