LAXMANRAO HARIBHAI BIRARE Vs. NAGINDAS RATANJI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dated 18.05.2006 passed by Motor Accident Claims Tribunal (Aux.), Sabarkantha at Himmatnagar in M.A.C.P. No. 516 of 1997 with M.A.C.P. No. 1757 of 2000, the original claimants of M.A.C.P. No. 516 of 1997-parents of the deceased have preferred the present First Appeal on quantum as well as for apportionment of the amount of compensation on the ground that the original claimants of M.A.C.P. 516 of 1997-parents are awarded only Rs.50,000.00 in all towards compensation for the death of the deceased.

(2.) In an accident which occurred on 07.12.1996, the deceased one Maheshrao Laxmanrao Kodarbhai Patel sustained burn injuries and was succumbed to the injuries. Therefore, the widow and minor son of the deceased filed the claim petition being M.A.C.P. No. 1757 of 2000 before the learned Tribunal, claiming a total sum of Rs.6,00,000.00 towards compensation. The appellants herein-parents of the deceased filed separate claim petition being M.A.C.P. No. 516 of 1997, claiming Rs.2,00,000.00 towards compensation. The learned Tribunal consolidated both the claim petitions, heard, decided and disposed of both the petitions together by common judgment and award.

(3.) Mr. R. K. Mansuri, learned advocate appearing on behalf of the appellants has vehemently submitted that the learned Tribunal has materially erred in awarding Rs.3,40,000.00 only towards loss of dependency. It is further submitted by Mr. Mansuri, learned advocate appearing for the appellants that learned Tribunal has erred in not considering futurity income while awarding future economic loss. It is further submitted that the deceased was aged 23 years and learned Tribunal has materially erred in applying multiplier of 17. It is submitted that as the deceased was aged 23 years of age, learned Tribunal ought to have applied multiplier of 18. It is submitted in the facts and circumstances of the case that the learned Tribunal ought to have awarded at least Rs.10,000.00 towards loss of estate. It is further submitted by Mr. Mansuri, learned advocate appearing for the appellants-parents of the deceased that learned Tribunal has materially erred in apportioning the amount of compensation and paying Rs.25,000.00 with interest to the father and Rs.25,000.00 with interest to the mother only. It is submitted that at the time of accident, the parents were residing together with the deceased and his family members. Learned Tribunal ought to have given at least 1/3 of the compensation to the parents. Making the above submissions, it is requested to modify the impugned judgment and award passed by learned Tribunal.