By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – insurance company has challenged the judgment and award dated 31st August 2004 passed by the learned MAC Tribunal (Aux.) at Amreli in MAC Petition No.171 of 2002 vide which the Tribunal has partially allowed the claim petition filed by the claimants. 2 The facts leading to filing the present appeal are to the effect that on 22nd February 2002 at about 10.30 AM while the deceased – Bharatbhai was going from Jafrabad to Mahuva on Hero Honda Motor Cycle as a pillion rider, which was being driven by one Pravinbhai Laxmanbhai, said motorcycle was hit by truck bearing registration No.HQD 4230 due to which deceased Bharatbhai received serious injuries and died on the spot. The claimants therefore filed MAC Petition claiming a total compensation of Rs.10 lakhs, which was partly allowed by the Tribunal vide impugned judgment and award awarding Rs.6,09,000 to the claimants.
3 The learned counsel for the appellant has submitted that the Tribunal has committed an error in not joining other tortfeasor viz. Driver, Owner and Insurance Company of the other vehicle. Learned counsel has further submitted that when both the vehicles were equally responsible for the accident, the Tribunal ought not to have entertained the petition in absence of other tortfeasor. It is further contended by the learned counsel that the income assessed by the Tribunal is on the higher side. The multiplier adopted by the Tribunal is also on higher side.
4 Learned counsel for the original claimants has submitted that the Truck dashed with the Hero Honda motorcycle from behind and the learned Tribunal while considering the evidence of panchnama has held the Driver of the truck as solely responsible for the accident.
5 The Tribunal while considering the aspect of contributory negligence has examined the charge-sheet filed against Arjanbhai Virabhai Joliya, driver of the truck involved in the accident at Exhibit 42 and pursuant to the said charge sheet Criminal Case No.339 of 2002 was registered against him. Having considered all the documents the Tribunal has come to the conclusion that the Driver of the Truck dashed Hero Honda motorcycle from the back side and therefore he is 100% negligent for the accident.
6 As far as amount of compensation is concerned, considering the evidence on record, the Tribunal has believed the income of the deceased at Rs.4,000 and after deducting 1/4th therefrom arrived at a figure of Rs.3,000 per month as future economic loss. As the deceased was aged 29 years, he adopted the multiplier of 16 and thus awarded Rs.5,76,000. He has also awarded Rs.20,000 for loss of expectation and Rs.10,000 towards loss of consortium and Rs.3,000 towards funeral expenses. Thus, in all Rs.6,09,000 was awarded.
7 In view of the aforesaid discussion, no interference is called for. The appeal has no merits. The same is dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd