JUDGEMENT
R.M.Chhaya,J. -
(1.)Feeling aggrieved and dissatisfied with the impugned judgment and award dated 18.2.2013 passed by the Motor Accident Claims Tribunal (Aux), Court No.9, Ahmedabad, the appellant Insurance Company has preferred this appeal.
(2.)The following facts emerge from the record of the appeal.
2.1. The record shows that the deceased Abbas Husainbhai was traveling in Commander Jeep bearing registration No. -GJ-2K-1975 at about 9 p.m on 20.05.2001. It is the case of the claimants that when Commander Jeep reached Chatral village near Nirma Factory another Marshal Jeep bearing registration No.GJ-24-A-4545 came from other side and dashed with the Jeep, in which, the deceased was travelling. An FIR was lodged with the Kalol Police Station being and present claim petition came to be filed by the claimants under Section 166 of the Act and claim compensation of Rs.6 lakhs. ]
2.2. It was the case of the original claimants that the deceased was working at Sidhpur in Lucky Light and Decorator and was earning Rs.5000/-. The original claimants examined one Husenabibi Husenbhai Zalori at Exh.42 and Batulbibi Mohmad Rafik Zalori at Exh.67 and also further relied upon the documentary evidence such as FIR at Exh.47, FIR at Exh. 48, Panchnama of place of accident at Exh.49, Chargesheet at Exh. 50, Inquest panchnama at Exh.51, PM Report at Exh.52, Driving license at Exh.53, RC Book of Jeep No. GJ 24- A- 4545 at Exh. 54, Insurance Police of Jeep No. GJ 24- A- 4545 at Exh. 55, driving license of opponent no.4 at Exh.56, RC Book of Jeep No. GJ-2K-1975 at Exh.57, Insurance Police of Jeep No. GJ-2K-1975 at Exh.58, death certificate of deceased at Exh.59 and Ration Card at Exh.60. The Tribunal after appreciating the evidence on record determined the income of the deceased at Rs.3000/- per month and considered the increase in income by way of prospective income to the tune of 360% and after deducting 1/3rd towards personal expenses, applying multiplier 18, awarded a sum of Rs.5,61,600/-. Over and above same, the Tribunal also awarded a further amount of Rs.15000/- towards other conventional heads including funeral expenses and thus awarded total compensation of Rs.5,76,600/- with 9% interest from the date of filing of claim petition till its realization.
2.3. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant Insurance Company has preferred present appeal.
(3.)Heard Mr. Vibhuti Nanavati, learned advocate for the appellant, Ms. Mita Panchal, learned advocate for the original claimants and Mr. Maulik Shelat, learned advocate for the other Insurance Company.
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