By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant-insurance company has challenged the judgment and order dated 1st August 2002 passed by the learned Motor Accident Claims Tribunal (Main) Kachchh at Bhuj in MAC Petition No.437 of 2001 whereby the Tribunal has awarded Rs.4,36,500 to the claimants. 2 The short facts of the present appeal are that on 15th August 2001 deceased Mahendrasinh Ranjitsinh Jadeja was returning towards Kachchh in uitility jeep car bearing registration No.GJ 12 V 8738 along with one Jivubha Hanubha Jadeja. It is the case of the claimants that the said jeep car was being driven by one Sambhulal Bhanushali on the left hand side of the road with moderate speed and that at about 3 PM when the said jeep car reached near the place of accident, the truck bearing registration No.GJ 12 T 5618 came from opposite side and collided with the jeep car because of which the deceased sustained grievous injuries and died of the same on the spot. The claimants, being parents and brother of the deceased, filed the aforesaid claim petition claiming for compensation of Rs.8,68,500/- under various heads. The tribunal considering the oral as well as documentary evidence produced on record considered Rs.3000 per month as the net income of the deceased considering the salary certificate issued by one Mahendra Ranjitsinh Jadeja. After deducting 1/3rd amount from the said amount towards his personal expenses, he assessed Rs.2000 per month and Rs.24,000 per year. Looking to the age of the deceased of as 20 at the time of the accident, he adopted the multiplier of 18 and assessed the amount of loss of depenency at Rs.4,32,000/-. He had also granted Rs.2,000 for loss to estate and Rs.2,500 of obsequious ceremonies. Thus, the Tribunal awarded Rs.4,36,500 to the claimants. The appellant-Insurance Company challenged the same by filing the present appeal under Section 173 of the Motor Vehicles Act.
3. Heard learned counsel for the parties and perused the record.
4. Mr Vibhuti Nanavati, learned counsel for the appellant submitted that the learned Tribunal committed an error in relying upon the certificate at Mark 7/2 and without there being any examination of Hathisinh Jadeja, issuer of the said certificate, arrived at Rs.3000 as the monthly income of the deceased and thereby awarding Rs.4,32,000 towards loss of income.
5. The Tribunal has committed an error in assessing the income of the deceased at the rate of Rs.3000 per month without there being any examination of the author of certificate, viz. Jadeja Hathisinh. Therefore, in the absence of any cogent evidence regarding income, the Tribunal should have granted notional income which is generally considered for those who had no income prior to an accident at Rs 15,000 per annum. Thus, as per Second Schedule, the total amount of compensation under the head of future loss of income would come to Rs.3,00,000 out of which 1/3rd amount of compensation is required to be deducted towards his personal expenses. Therefore, the claimants would be entitled to get Rs.2,00,000. The claimants are also entitled to Rs.2,000 for loss to estate and Rs.2,500 of obsequious ceremonies.
6. In view of the aforesaid discussion, the judgment and award dated 1st August 2002 passed by the learned Motor Accident Claims Tribunal (Main) Kachchh at Bhuj in MAC Petition No.437 of 2001 whereby the Tribunal has awarded Rs.4,36,500 to the claimants is modified to the extent that the claimants are entitled to Rs.2,04,500/-. The excess amount is ordered to be refunded to the insurance company. Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd