By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original complainant has challenged the judgment and award dated 6th November 2006 passed by the learned MAC Tribunal (Aux.) at Godhra in MAC Petition No.2183 of 2004 vide which the Tribunal awarded Rs.1,64,500 to the claimant. 2 The facts leading to filing the present appeal are to the effect that on 5th December 2004 deceased – Vijaybhai Solanki went to the brick kiln factory situated at village Timba ni Muvadi for working there as a labourer. It is the case of the claimant that in the evening at about 5 PM while deceased was passing urine near the kiln at that time the tractor bearing No.GJ 17 D 1101 came there in a rash and negligent manner and dashed with the deceased due to which he received serious injuries and died of the same. The claimant therefore filed MAC Petition claiming a total compensation of Rs.5 lakhs.
3 The learned Tribunal considering the income of the deceased at Rs.2,000 and Rs.24,000 per annum. As the father of the deceased was aged 55 years, as per the Second Schedule of Motor Vehicles Act, he arrived at a figure of Rs.2,40,000. He then deducted 1/3rd towards the personal expenditure of the deceased and thereafter awarded Rs.1,60,000 under the head of future economic loss. He has also awarded Rs.2,500 for loss of estate and Rs.2,000 for funeral expenses. Thus, in all he awarded Rs.1,64,500 Feeling aggrieved by the same, the appellant – original claimant has filed this appeal.
Considering the reason adopted by the Tribunal, the same is just and proper and no interference is called for. The appeal being meritless, the same is dismissed with costs.
(K.S.Jhaveri, J.) *mohd