1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – insurance company has challenged the judgment and order dated 25th November 2003 passed by the learned Motor Accident Claims Tribunal, Court NO.17, Ahmedabad in MAC Petition No.208 of 2000 whereby the Tribunal has allowed the claim petition filed by the claimants.
2 The short facts of the present appeal are that on the date of the incident i.e. on 22nd July 1999 at about 5.30 AM there was a collision between Jeep bearing No.GJ.18A 9745 and Luxury Bus bearing No.RJ.27P 3355 because of which Shobhnaben Rajendrabhai Patel, Amrutbhai Shamaldas Patel, Kantaben Amrutbhai Patel and Jeep Driver Baldevji Mafaji Thakore lost their lives and one Rajendrabhai Amrutbhai Patel sustained serious injuries. The present claim petition was filed by the claimants who are heirs and legal representatives of deceased Shobhnaben Rajendrabhai Patel claiming compensation of Rs.2 lakhs.
3 At the time of the death of deceased, she was aged about 31 years and the Tribunal considering the fact that she was housewife and was assisting her husband in the agricultural operations and therefore the Tribunal arrived at Rs.18,000 per annum to be her income. He then deducted expenses toward her personal expenditure and considered Rs.12,000 per annum to be the loss of dependency. As per Second Second Schedule he determined Rs.1,92,000 to be the loss of dependency. The Tribunal has also awarded Rs.20,000 as the conventional amount for loss of estate and loss of consortium, etc. Thus, in all, Rs.2,00,000 was awarded to the claimants as the claim of the claimants was restricted to Rs.2 lakhs.
Considering the reasoning of the learned Tribunal, I am of the view that no interference is called for. The appeal is devoid of any merits. No interference is called for. Hence, dismissed.
(K.S.Jhaveri, J.) *mohd