1.0 This appeal is directed against the judgement and award dated 10.12.2003 passed by the Motor Accident Claims Tribunal (Special), Porbandar below Ex. 30 in Claim Case No. 79 of 2002 whereby the Tribunal awarded a compensation in the sum of Rs. 1,55,600/ along with interest @ 9% from the date of application till its realization.
2.0 On 06.04.2002 one Liriben Lakhabhai was proceeding in carrier rickshaw of opponent No. 5 from Ratdi towards Kutiyana and when the said rickshaw reached near Palakhada village, the driver of the truck bearing registration No. GJ11U8573 came driving his dumper from Visavadar side, and while trying to overtake carrier rickshaw dashed his dumper with the rear side of the rickshaw due to which the rickshaw turned turtle and Liriben received serious injuries and succumbed to the same. The claimants therefore, preferred the aforesaid claim case before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant submitted that there is no evidence with regard to income of the deceased; that there is only statement with regard to the statement of the deceased and that the Tribunal has assessed the income in absence of evidence.
4.0 Heard learned advocates for the parties and perused the documents on record. The claimant No. 1 Lakha Bhima has been examined at Exh. 35 wherein it is stated that the deceased was aged 18 yeas and she was earning Rs. 2500/ per month by doing labour work. In the crossexamination it is admitted that the deceased Liriben was getting Rs. 40/ per day as labour charge. No further evidence is produced on record showing the income of the deceased. Considering the vocation of the deceased and considering the evidence of claimant No.1, the Tribunal has assessed the income at Rs. 1200/ per month out of which deduction at the rate of 1/3rd was made towards personal expenses of the deceased. Thus after deducting 1/3rd i.e. Rs. 400/ from the said amount the loss of dependency benefit suffered by the claimants came to Rs. 800/ and Rs. 9600/ per annum. As per Second Schedule of Section 163 of the M.V. Act, applying multiplier of 16 as the deceased was 18 years at the time of the death, The tribunal has rightly assessed Rs. 1, 53, 600/ for loss of dependency benefits. The amount awarded under the different heads are also just and proper.
5.0 The learned advocate for the appellant could not persuade this court to take a different view of the matter on any ground. 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*