1.0 Though served, none appears for the respondents. The matter is taken for final hearing.
2.0 This appeal is directed against the judgement and award dated 15.04.2002 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C, Petition No. 16 of 1997 whereby the learned Tribunal has partly allowed the claim petition holding that the claimants are entitled to a sum of Rs. 2, 98, 800/ together with interest at the rate of 12% from the date of petition till its realization.
3.0 On 21.12.1996 at about 07.00 a.m, one Jerambhai Bhagvanbhai was going on his luna towards Village Bhadred, and when he reached near Bhadred on Bhavnagar Mahuva highway, driver of S.T. Bus No. GJ 1 Z 1269 came in a rash and negligent manner and in excessive speed dashed with the luna. As a result thereof, he received injuries and died. The legal heirs of the deceased therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed which is challenged in the present appeal.
4.0 Learned advocate appearing for the appellantCorporation contended that the learned Tribunal has erred in taking the prospective income of the deceased to be Rs. 3000/. She submitted that an amount of Rs. 1500/ ought to have been assessed for the prospective income.
5.0 Heard learned advocates for the appellant and perused the documents on record. As a result of this exercise I am of the view that there is evidence on record to show that at least the income can be taken at Rs.2500/ per month. If income is taken as Rs. 2500/ per month and 1/5th will be deducted which would come to Rs. 2000/ per month and Rs. 24000/ per year. By applying multiplier of 14, it would come to Rs. 3, 36, 000/ and by granting Rs. 10,000/ to loss of estate, Rs. 5000/ for funeral expenses and Rs. 10000/ for loss of consortium it would come to Rs. 3, 61,000/. However, no cross appeal has been filed.
6.0 I am in complete agreement with the reasoning adopted and findings arrived at by the trial court. The learned Advocate for the appellant could not assail the judgement and award or to persuade this Court to take a different view of the matter. The first appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*