1.0 This appeal is directed against the judgment and award dated 14.3.2011 passed by learned Motor Accident Claims Tribunal (Aux.) Navsari Camp, Ahwa in Motor Accident Claim Petition No. 204 of 2009 wherein the Tribunal has awarded a sum of Rs.44,500/-, against the claim of Rs.3,00,000/-.
2.0 Brief facts leading to filing of the present appeal are that on 12th September 2009 at about 4:30 p.m. deceased Navinaben, aged 1.1/2 years sustained injury by a Jeep car bearing Registration No. GJ-2K-2951, which was driven by an unknown driver rashly and negligently and ultimately succumbed to the injury. The Jeep car was owned by the opponent No. 1 herein. There, the appellants herein – original claimants filed a Motor Accident Claim Petition, as aforesaid claiming compensation of Rs.3 lac.
3.0 Counsel for the appellants submitted that the claims Tribunal has committed an error in not considering Rs.15,000/- as income per annum. He further submitted that keeping in mind the age of the father of the deceased, the Claims Tribunal ought to have held that the claimants are entitled to a sum of Rs.2,55,000/- and after deducting 1/3rd of the same, it comes to Rs.1,70,000/- (Rs.2,55,000 – Rs.85,000/- ] and adding a sum of Rs.4,500/- towards Funeral Expenses, the claimants are entitled to a total sum of Rs.1,74,500/- [ Rs.1,70,000/- + Rs.4,500/- ]. The learned counsel for the appellants further submitted that as provided in Clause – II of Schedule appended to the MV Act, the amount of compensation should not be less than Rs.50,000/-, however, the Tribunal has awarded only Rs.44,500/- [ Rs.40,000/- towards loss of Estate + Rs.4,500/- Funeral Charges]. He, therefore, submitted that the amount awarded by the claims Tribunal is on the lower side and is required to be enhanced reasonably.
3.1 Per contra, learned counsel appearing for the respondent vehemently submitted that the judgment and award passed by the claims Tribunal is just and proper and no interference is required at the hands of this Court and the present appeal may be dismissed.
4.0 Heard learned counsel for the parties and perused the documents available on record.
5.0 In the above backdrop, in the opinion of this Court, the income assessed by the Tribunal is just and proper and no irregularity and illegality is committed by the Tribunal, as an income of Rs.15,000/- of a minor child aged 1.1/2 years is not conceivable. The said aspect is also dealt with by the Tribunal in Para 9.1 and 9.2 of the judgment and award and I am in agreement with the same. However, keeping in mind Clause – II of the Schedule, as referred above, the contention raised by the appellants is required to be accepted.
6.0 In that view of the matter, the appeal is partly allowed. The amount of compensation is enhanced by a sum of Rs.10,000/-. Thus, the total amount of compensation would be Rs.44,500/- (as awarded by the Tribunal) + Rs.10,000/- (as enhanced by this Court), totalling to Rs.54,500/- together with interest @ 7.5 per cent per annum. Rest of the award shall remain as it is.
(K. S. JHAVERI, J.) (vipul)