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 19th May 2004 passed by the learned Motor Accident Claims Tribunal (Aux), Gandhidham - Kachchhin MAC Petition No.163 of 1999 whereby the Tribunal has partly allowed the claim petition filed by the claimant.
2 The short facts of the present appeal are that on the date of the incident i.e. on 27th July 1992 the deceased was going on the National Highway No.15 from Lakadiya to Samkhiyali and at that time the tempo bearing No.GJ.12.T.6601 came there in a rash and negligent manner and with excessive speed and dashed with the deceased due to which deceased Jatashankar received serious injuries and died due to the same. The claimants being father and wife of the deceased filed claim petition claiming compensation of Rs.3 lakhs.
3 The deceased was aged about 28 years and was earning his livelihood by selling vegetables. The Tribunal has therefore considered the income of the deceased at Rs.2100 per month notionally. From the said amount, he deducted 1/3rd amount towards the personal expenses of the deceased and considered Rs.1400 per month and looking to the age of the deceased adopted the multiplier of 16 to award Rs.2,68,800 towards the loss of dependency. He has also awarded Rs.20,000 towards conventional amount and Rs.2,000 towards funeral expenses. Thus, in all, Rs.2,90,800 to the claimants.
4 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 Top