1. By way this Appeal, the appellant – Insurance Co.
has challenged the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.-I) Kutchchh – Bhuj in MACP No.652 of 1999 dated 29.10.2000,whereby the learned Tribunal awarded compensation of Rs.2,38,000/- with 9% interest from the date of claim petition till deposit with proportionate costs thereon, from the opponents.
2. As per case of the claimants, the deceased was cleaner in truck No.GTY-6060 and on 4.4.1999, he was returning from Bavder to Gandhidham in the said vehicle, around 5:30 hrs., one luxury No.GJ-3U-369 coming from opposite side in rash and negligent manner, dashed with the truck, wherein the deceased was coming. Therefore, the deceased sustained serious injuries and later on, on 6.4.1999, he succumbed to the injuries.
3. Learned advocate for the appellant submitted that the claimants are brothers and sisters of the deceased and they are aged about more than 50 years and therefore, they are not to be entitled for any compensation, as they cannot be said dependents upon the deceased. He further submitted that even the claim petition is filed by the claimants under Section 163-A of the Motor Vehicles Act and there no evidence of income of the deceased was produced by the claimants before the learned Tribunal. He further submitted that the Tribunal wrongly considered the income of Rs.2450/- per month.
4. Learned advocate for the respondents supported the impugned judgment and award and therefore, no interference is required to be called for from this Court.
5. I have perused the record and I have considered the submission made by the parties. The deceased working as a cleaner, was earning hardly Rs.1500/- and therefore, his yearly income would come to Rs.18,000/-. As the claimants are brothers and sisters of the deceased, the 1/3rd dependency should be considered and therefore, Rs.12,000/- would come towards the dependency and considering the age of the deceased, Rs.1,20,000/- would come towards loss of dependency. The claimants are also entitled to Rs.2000/- towards funeral expenses and Rs.2500/- towards loss to estate. Thus, they are entitled to Rs.1,24,500/- comes as compensation. However, the Tribunal has awarded Rs.2,38,000/-, therefore, the Insurance Company is entitled to get refund of Rs.1,13,500/-. However, the as the Appeal is restricted to Rs.1 Lac, the Insurance Company is entitled to get the refund of Rs.1 Lac with interest and costs.
6. In view of the above observation, the Appeal is partly allowed with no order as to costs.
ynvyas (K.S.JHAVERI,J.)