1.0 This appeal is directed against the judgement and order dated 31.08.2010 passed by learned Motor Accident Claims Tribunal (Aux.), Nadiad in Motor Accident Claim Petition No. 1293 of 1988 whereby the Tribunal has awarded a sum of Rs. 2, 17, 000/ as compensation to the claimants.
2.0 On 08.04.1988 when one Ramesh Kala was going towards Anand by driving Auto Rickshaw No. G. R. Q. 2356, the said rickshaw dashed with the Truck No. G.R. X 3506 of opponent No.1 from the opposite side which was coming in a rash and negligent manner. As a result of this, Rameshbhai Kala died on the spot and the rickshaw was damaged. The legal heirs of said deceased Rameshbhai therefore filed the aforesaid claim petition which came to be partly allowed by the learned Tribunal. This appeal is at the instance of the claimants for enhancement of compensation.
3.0 Learned advocate for the appellants contended that the learned Tribunal erred in assessing the income of only Rs. 1500/ per month.
4.0 Heard learned advocate for the appellant and perused the documents on record. The wife of the deceased has deposed before the Tribunal that her husband was earning Rs. 2000/ per month. However, in absence any documentary evidence with respect to the income of the deceased, the Tribunal has assessed the income of Rs. 1500/ per month. 1/3rd of Rs. 1500/ will come to Rs. 500/. Hence, the loss of dependency would be Rs. 1000/ per month and Rs. 12, 000/ per year. The deceased was aged 26 years which is supported by the P.M. report.
Looking the age of the deceased as 26 years, the Tribunal has adopted 16 multiplier. By applying multiplier of 16, the amount would come to Rs. 1,92,000/ ( Rs. 1200/ x 16).
5.0 The appellants could not persuade this court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
6.0 In the premises aforesaid, I do not find any merits in the appeal.
The same is therefore dismissed.
(K.S.JHAVERI, J.) niru*