1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and order dated 27th July 2005 passed by the learned Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur in MAC Petition No.19 of 2002 whereby the Tribunal has partly allowed the claim petition filed by the claimants.
2 The short facts of the present appeal are that on the date of the incident i.e. on 18th September 2001 the deceased was standing near stationary motorcycle bearing NO.GJ.1.AN 6859 near Nilpur Patia on the approach road of Chandisar-Dantiwada Highway at about 10.30 AM and at that time original opponent No.1 came there by driving Bus No.GJ.8.T. 4910 in a rash and negligent manner and with excessive speed and dashed with the motorcycle due to which deceased recevied serious injuries and died due to the same.
3. The claimants filed claim petition contending that the deceased was earning Rs.3,000 per month by doing job as Manger with Raviraj Cold Storage, Moti Aakhol and therefore prayed for compensation of Rs.4,36,500/-.
3 The deceased was aged about 23 years and the Tribunal considering the oral as well as documentary evidence considered the monthly income of Rs.15,000 per annum and as per Second Schedule determined Rs.2,70,000 to be the loss of dependency out of which deducted 1/3rd amount towards his personal expenses. Therefore, the Tribunal awarded Rs.1,80,000 under the head of loss of dependency benefit. The Tribunal has also awarded Rs.2,000 towards loss of expectation of life and Rs.2,000 towards funeral expenses. Thus, in all, Rs.1,84,500 was awarded to the claimants. In that view of the matter, considering the reasoning of the learned Tribunal, I am of the view that no interference is called for. The appeal is devoid of any merits. No interference is called for. Hence, dismissed.
(K.S.Jhaveri, J.) *mohd