NATIONAL INSURANCE CO LTD Vs. PARULBEN DIPAKKUMAR SHETH

JUDGEMENT

(1.) BY way of the present appeal, the appellant has challenged the judgment and award dated 19.07.1995 passed by the Motor Accident Claim Tribunal (Main), Valsad in M.A.C.P. No.532 of 1987, whereby the learned Tribunal has allowed the appeal.

(2.) THE brief facts of the case are that one Dipakkumar Anantrai Sheth, aged about 29 years, was serving as Assistant Purchase Manager (Local Purchase) in Bharat Pipes & Fittings Ltd. at Vapi. On the day of accident, Dipakkumar was going towards his factory riding over the motorcycle bearing No.GUL-2798. He was required to enter the junction of the road so as to proceed from East to West. At that time, the opponent no.1 came from behind driving Truck No.MHL-2728 rashly and negligently. Dipakkumar was hit from behind. He fell down and the left wheels of the truck ran over his body. He, therefore, sustained serious injuries and became unconscious. He was taken to the hospital for treatment but about three to four hours thereafter, during the course of the treatment, he died of the injuries he sustained. He was the husband of the applicant no.1, father of applicant no.2 and son of applicant no.3. He was the only bread earning member in the family. His basic pay was Rs.1,195/-. THE company was paying Rs.650/- H.R.A. and Rs.300/- conveyance allowance. Thus, in all, he was getting Rs.2,105/- p.m. Over and above such pay, the company used to pay 20% bonus at the end of the year. THE employee was required to contribute to the provident fund and the equal amounts were deposited by the company in the contributory provident fund. Thus, the total income of Dipakkumar was Rs.2,428/-. During the hours other than the office hours, he used to go to Ambic Valves at Daman. Rendering the part time services, he was getting Rs.450/- p.m. Thus, in all, he was earning Rs.2,878/- p.m. Had he survived, he would have reached upto the pay-scale of Rs.2,000/- and would have spent for the family at-least Rs.6,00,000/- for stability and prosperity. THEy have, therefore, filed claim petition claiming the compensation of Rs.5,00,000/-. THE learned Tribunal after hearing the learned advocates for the respective parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove, against which the present appeal is preferred by the appellant.

(3.) THE learned advocate for the appellant is not in a position to show anything from the record to take a different view in the matter.