1.0 This appeal is directed against the judgement and award dated 15.04.2002 passed by Motor Accident Claims Tribunal (Main.), Banaskantha at Palanpur order below Exh. 1 in Motor Accident Claim Petition No. 15 of 2001 awarding a sum of Rs. 2,92,600/ 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 Dharamsingh Khemabhai Kutchi ( Thakarda) have filed the application under Section 163A of the Motor Vehicles Act on the principle of No Fault Liability and have claimed Rs. 5,00,000/ for the death of the deceased caused in the vehicular accident occurred on 30.05.2001 at about 6.00 to 7.00 a.m. On AmbajiKhedbrahma Highway Road near the Hotel of Vilalge Aagiya.
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 the any documentary evidence regarding the age of the deceased, has considered the age of 28 years as per the post mortem report of the deceased. Therefore, considering the age group of 25 to 30 years, the Tribunal has taken income of Rs. 40,000/ and applying the rule three, the compensation of age group between 25 to 30 years would come to Rs. 25, 200/. 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.2,85,600/ 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.
(K.S.JHAVERI, J.) niru*