1.0 This appeal is directed against the judgement and award dated 11.06.2009 passed by learned Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claim Petition No.225 of 2008 whereby the Tribunal has awarded a sum of Rs.1,54,500/ along with interest at the rate of 9% per annum from the date of filing of the main petition together with proportionate costs of the petition.
2.0 The claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 for claiming compensation of Rs.2,50,000/ on the principle of “No Fault Liability” of the compensation in respect of death of the deceased who died in motor vehicle accident which occurred on 23.05.2008 on Udhna road No.7, Udhna, Surat. The Tribunal awarded the aforesaid award. This appeal is for enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that the Tribunal has committed an error in calculating the income and the amount would have been Rs.2,04,500/ and he further submitted that the Tribunal committed an error while exonerating the insurance company on the ground that the driver was not holding licence.
4.0 The Tribunal has discussed about the income in para 12 of the judgement. As per Column No.10 and 11 the mean/average amount of Rs.4,50,000/ comes to Rs.2,25,000/ and after deducting one third the amount came to Rs.1,50,000/. After adding funeral expenses and amount towards loss to estate, the total amount came to Rs.1,54,500/. Learned counsel for the appellant is not in a position to point out anything from the record to take a different view of the matter.
5.0 As regards liability is concerned, the Tribunal has discussed the same in para 15 of the judgment. It was proved beyond doubt that the driver of the vehicle in question was not holding any sort of license at the relevant time.
6.0 I am therefore in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. Hence the appeal is dismissed. However, it is clarified that it will be open to the claimants to recover the amount of compensation from the owner of the vehicle.
(K.S.JHAVERI, J.) niru*