1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Auxi), Nadiad under Section 163-A of the Act in Motor Accident Claims Petition No.775 of 2008, whereby the Tribunal has awarded Rs.3,35,900/- to original claimant at the rate of 9% p.a. from the date of the application till its realization and proportionate cost.
2. The facts of the case is that on 04.05.2008, the deceased was walking by the side of road and at that time, original opponent No.1 came by driving luxury bus No.GJ-7-TT-9668 and dashed with the deceased. As a result, the deceased sustained grievous injuries and succumbed to death. Therefore, the original claimants filed claim petition being Motor Accident Claims Petition No.775 of 2008 before the Motor Accident Claims Tribunal(Auxi), Nadiad for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in assessing monthly income of the deceased at Rs.2400/- and the Tribunal ought to have assessed the monthly income of the deceased at Rs.3300/-. He has further submitted that the Tribunal ought to have deducted ¼ amount instead of deducting 1/3 amount towards personal expenses.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that the Tribunal has properly considered all the aspects of the matter and therefore, no interference is called for.
6. Heard learned counsel for the parties and perused the record.
7. So far as the quantum is concerned, the original claimants had produced revenue record of 7/12 extract, in which the name of the deceased and other family members were mentioned. Learned advocate for the appellant has contended that the Tribunal ought to have assessed the monthly income of the deceased at Rs.3,300/-, relying upon the deposition of the applicant-wife, but, in absence of any other documentary evidence, The Tribunal was completely justified in assessing monthly income of the deceased at Rs.2,400/-. As the claim petition was preferred under Section 163-A of the Act, the Tribunal was also justified in deducting 1/3 amount towards personal expenses of the deceased.
8. I am in complete agreement with the findings given by the Tribunal, therefore, no interference is called for. Hence, present appeal is dismissed.
..mitesh..
[K.S.JHAVERI, J.]