The appellant-New India Assurance Co. Ltd. has preferred this appeal under section 173 of The Motor Vehicles Act, 1988 [for short, `the Act'] against the judgment and award dated 05.04.2003 passed by the MACT [Aux.], Surendranagar in MACP No.95 of 1997 awarding Rs.1,97,000/- with interest @9% p.a from the date of application till its realization from the appellant insurance company. 2. The short facts giving rise to filing of the present appeal are as under:
2.1 On the unfortunate day of 15.09.1996, deceased and his friend were on the way from Limdi to Bhavnagar to offer prayer at Khodiarmata temple and were riding on bicycle in the early morning of 3.00 a.m at that time an Ambassador car bearing No.GRZ-1062 came rashly and negligently and hit the cyclist, who died on the spot. It is pertinent to note that the panchnama of the place of incident was drawn after 15 days i.e. on 30.09.1996. Therefore, the claimants being legal heirs of the deceased have filed claim petition claiming Rs.3,50,00/- by way of compensation from the original opponents.
3. The Tribunal after considering the material and evidence placed on record viz. the age of deceased being 30 years at the time of accident, and considering his prospective income as Rs.3,000/- p.m deducted 2/3rd amount against his personal expenses and considering 1/3rd towards dependency loss of the appellant. Thus monthly loss of dependency of Rs.1,000/- is considered by the Tribunal. Therefore, the annual income of the deceased was considered as Rs.12,000/- and by applying multiplier of 15, amount of total dependency loss was awarded as Rs.1,80,000/-. In addition to the above, the Tribunal awarded Rs.17,000/- towards miscellaneous expenses under the heads viz. Funeral expenses and conveyance expenses. Thus, the Tribunal has granted total amount of Rs.1,97,000 with interest @9% p.a against which this appeal is preferred.
4. Shri Shalin Mehta, learned advocate for the appellant- insurance company would contend that panchnama at Exh.28 dated 30.09.1996 does not reflect conclusively that the Ambassador car bearing No.GRZ-1062 was involved in the accident which took place on 15.09.1996. It is also submitted that the cycle driven by the deceased has no light or reflector and in absence thereof. It is further submitted that even charge sheet and other evidences filed by the investigating agency was also not a substantive piece of evidence and the cyclist is also negligent to the extent of 50% he having not taken due care of fixing night light reflector on the cycle.
5. Heard learned advocate for the respondent-opponent claimant.
6. On perusal of the record of the case, submissions of counsel for the parties and the judgment impugned in this appeal, it is not in dispute that the driver of Ambassador car bearing No.GRZ-1062 had identified cycle. Not only that but at the place of accident as per panchnama Exh.23 the cycle was found with reflector and even red coloured torch was found nearby the bavla bushes. Thus, the Tribunal came to the conclusion that the precaution was taken by the cyclist. So far as contention of the insurance company about involvement of the vehicle in question insured with the insurance company and belated panchnama, a material surfaces on record about the condition of the Ambassador car bearing No.GRZ-1062 seized by the police later on where the right side head light of the car was replaced and had a dent nearby head light. The very car was identified by the driver, and therefore, the findings of the Tribunal of involvement of the Ambassador car bearing No.GRZ-1062 insured with the appellant company, cannot be said to be in any manner contrary to the evidence on record. It is also evidence from the record that sufficient precautions were taken by the cyclist by fitting reflector to the cycle and narration in the panchnama reveals negligence on the part of the driver of the Ambassador car.
7. So far as income of the deceased is concerned, it was brought on the record of the Tribunal that the deceased had his own goods-rickshaw, by which bottles of cold drinks were supplied and by transporting the goods therein, he used to earn Rs.2,000/- p.m. In the above circumstances, consideration of prospective monthly income of Rs.3,000/- of the deceased with 1/3rd dependency loss and applicability of 15 as multiplier and award of amount on other heads of transportation expenses on funeral etc. and total amount of Rs.1,97,000/- with 9% interest p.a being just and proper, it does not require any interference by this Court and the appeal is dismissed.
No order as to costs.
*pvv [Anant S. Dave, J.]