1.0 This appeal is directed against the judgement and award dated 11.04.2002 passed by Motor Accident Claims Tribunal (Main.), Banaskantha at Palanpur below Exh. 1 in Motor Accident Claim Petition No. 7 of 2000 awarding a sum of Rs. 3,09,400/ to the claimants along with interest @ 9% from the date of application till its realization.
2.0 The heirs and legal representative of the deceased Hanumanram Thakararam Bishnoi have filed application under Section 163A of the Motor Vehicles Act on the principle of No Fault Liability and have claimed Rs. 7, 29,500/ for the death of the deceased caused in the vehicular accident occurred on 31.01.2000 on road between Villages Nedinadi to Sonadi, District: Badmer, Rajasthan.
3.0 Heard learned advocates for the parties and perused the documents on record. The claimants have filed the application under Section 163A of the Motor Vehicles Act. The Tribunal in absence of any documentary evidence assessed the income of Rs. 2100/ per month and Rs. 25200/ per year according to the rate of minimum wages notified in the Government Notification of the relevant year. Further, the Tribunal in absence of any documentary evidence regarding the age of the deceased, has considered the age between 20 to 25 years as per the post mortem report of the deceased. After deducting 1/3rd towards personal expenses of the deceased as per Second Schedule of Section 163A of the M.V. Act, the Tribunal has awarded a sum of Rs. 3, 02, 400/ as compensation to the claimants.
4.0 I am in complete agreement with the reasoning adopted and findings arrived at by the trial court. The learned Advocate for the appellant could not assail the judgement and award or to persuade this Court to take a different view of the matter. The first appeal is therefore dismissed with no order as to costs.
niru* (K.S.JHAVERI, J.)