1. Both these appeals arise out of common judgment and award and hence they are disposed of by this common judgment.
2. These cross appeals have been filed against the judgment and award dated 10.04.1996 passed by the Motor Accident Claims Tribunal [Aux.II], Ahmedabad (Rural) at Mirzapur, in MACP No. 253/1988, whereby the claim petition was partly allowed and the original claimants were directed to recover an amount of Rs.4,16,000/ from the Insurance Company and the owner of the vehicle, original opponents along with costs and interest @ 12% per annum from the date of the application till its realization.
3, The facts in brief are that on 27.11.1987, while Parbatisinh was going on his motor cycle bearing registration no. GUA 8482, at a particular place, a truck bearing registration no. GRN 3692, owned by appellant no. 2 and insured with appellant no. 3, in a rash and negligent manner, dashed the motor cycle. As a result of the said accident, Parbatsinh sustained severe bodily injuries and ultimately, died. The legal heirs filed the claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the above judgment and award both the Insurance Company as well as the original claimants have preferred the present appeals.
4. Heard learned counsel for the respective parties and perused the documents on record. The main ground under which the appellant has challenged the impugned award is that the Tribunal has erred in assessing the monthly income at Rs. 5,000/ for calculating the income under the head of loss of dependency.
5. Under no other ground/s, the appellant has challenged the impugned award passed by the Tribunal.
6. Before the Tribunal, claimants had produced the certificate dated 19.10.1988 issued by the Principal of Prakash Vidhyalaya, wherein it is stated that the deceased was drawing salary of Rs.2661/ per month. As per the said document, the Tribunal assessed the prospective income at Rs.7,567/. The Tribunal considered the average annual income of deceased on the basis of the salary drawn and the salary at the time of superannuation assessed monthly income at Rs.5,000/. Accordingly, it assessed the loss of dependency benefit at Rs.39,600/ and by adopting a multiplier of 10, an amount of Rs.3,96,600/ was awarded under the head of loss of dependency benefit. Considering the evidence on record and the facts of the case, I am of the view that the Tribunal has not committed any error in awarding Rs.3,96,600/ under the head of loss of dependency benefit.
7. Since the appellant has not challenged the incomes awarded under other heads, the same are not discussed in this appeal and accordingly, the amount awarded under the respective heads are confirmed.
8. For the foregoing reasons, both the appeals are dismissed. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/