1.0 This appeal is directed against the judgement and award dated 25th August 2003 passed by learned Motor Accident Claims Tribunal (Auxi.I), KutchBhuj in Motor Accident Claim Petition No.692 of 1994 whereby the Tribunal awarded a sum of Rs.2,17,000/ along with interest at the rate of 9% per annum.
2.0 On 11th May 1994 about about 8.30 pm Amansinh Ravatji Sodha was going along Subhashpar road. At that time a truck came in excessive speed and knocked down the said Amansinh. He sustained serious injuries and ultimately succumbed to the same. The legal heirs therefore filed the aforesaid claim petition claiming a sum of Rs.4,00,000/ as compensation. The Tribunal after hearing the parties passed the award. The present appeal is at the instance of the claimants for enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that learned Tribunal ought to have awarded compensation in the sum of Rs.4 lacs; that the deceased was getting Rs.1,100/ per month as per deposition; that the Tribunal erred in taking only Rs.1000/ per month as income; that the prospective income should have been Rs.4,500/ per month; and that the multiplier should have been 20.
4.0 As regards the income is concerned the oral evidence on record was that the income was Rs.1000/ to 1100/ per month. However no evidence in this regards is on record. Therefore the Tribunal has taken the income at Rs.1000/ per month. The Tribunal has thereafter taken the prospective income at Rs.2000 and total income at Rs.3000/. After taking half, a sum of Rs.500/ has been deducted towards personal expenses. Accordingly monthly income was taken at Rs.1000/ and therefore the yearly income was taken at Rs.12000/. The deceased was 31 years old and therefore the Tribunal has taken multiplier of 16, which is just and proper.
5.0 I am therefore in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out. Hence the appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*