1. This appeal has been preferred by appellant, original opponent no.3 in M.A.C.P. No.1583/1999, which was preferred by respondents no.1 to 4 herein, original applicants, before the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in connection with the vehicular accident that took place on 16.06.1999 in which son of respondents no.1 & 2 had expired.
2. The said claim petition was allowed in part by judgment and award dated 31.03.2006 whereby, the claimants were awarded total compensation of Rs.5,60,000/- along with interest.
3. Heard learned counsel for the respective parties. The main contention raised on behalf of the appellant is that the Tribunal has erred in assessing the notional monthly income of deceased at Rs.3,000/- and the prospective monthly income at Rs.4,500/- though there was nothing on record to prove the aspect of income. I find merits in the submission advanced on behalf of the appellant. But, since the appeal has been valued at Rs.2,70,000/-, the claimants shall be entitled to total compensation of Rs.2,70,000/- along with interest as awarded by the Tribunal.
4. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the respondent-original claimants shall be entitled for total compensation of Rs.2,70,000/- along with interest as awarded by the Tribunal. The balance amount of Rs.2,90,000/- with interest shall be refunded to the appellant. The impugned award stands modified accordingly. The appeal stands disposed of. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top