- (1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dated 23.03.2007 passed by the learned Motor Accident Claims Tribunal (Auxi.), at Mirzapur, Ahmedabad (Rural) [hereinafter referred to as "Tribunal"] in Motor Accident Claim Petition No.935/2000 by which the learned Tribunal has awarded a total sum of Rs.1,50,000/- only towards compensation for the death of the deceased, who died in a vehicular accident, the original claimants have preferred the present First Appeal.
(2.) Ms. Dimple Thaker, learned advocate appearing for Shri Ruturaj Meena, learned advocate appearing on behalf of the appellants has vehemently submitted that the learned Tribunal has materially erred in assessing the income of the deceased notionally at Rs.2000/- per month. It is submitted that considering the fact that at the time of accident the deceased was aged about 21 years of age and was cleaner serving in the truck, the learned Tribunal ought to have assessed the income of the deceased notionally at least at Rs.3000/- per month. In support of her submissions, she has heavily relied upon the decisions of the Hon'ble Supreme Court in the case of Lata Wadhwa and Ors. v. State of Bihar and Ors., 2001 AIR(SC) 3218; Kishan Gopal and Anr. v. Lala and Ors., 2013 AIR(SCW) 5037 and the decision of the Division Bench of this Court in the case of National Insurance Co. Ltd. v. Nishaben Pankajbhai M/o. Decd. Pankaj Shah & Ors. rendered in First Appeal No.397/2004. 2.1 It is further submitted by Ms. Thaker, learned advocate appearing on behalf of the original claimants that the learned Tribunal has erred in deducting 2/3rd towards personal expenses of the deceased. It is submitted that as per the decision of the Hon'ble Supreme Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 AIR(SC) 3104, only 1/2 was required to be deducted towards personal expenses of the deceased. It is further submitted by Ms. Thaker, learned advocate appearing on behalf of the original claimants that the learned Tribunal has even erred in awarding Rs.20,000/- only under the conventional heads. Making above submissions and relying upon above decisions, it is requested to allow the present First Appeal accordingly and modify the impugned judgment and award passed by the learned Tribunal.
(3.) Shri Hemant Shah, learned advocate appearing on behalf of the insurer has submitted that in the facts and circumstances of the case the amount awarded by the learned Tribunal can be said to be just compensation. It is submitted that as such in absence of any other cogent evidence to prove the income of the deceased and in fact there is no evidence that the deceased was serving as a cleaner, the learned Tribunal has rightly assessed the income of the deceased notionally at Rs.2000/- per month. However, is not in position to justify deduction of 2/3rd towards personal expenses of the deceased. He is also not in a position to justify awarding Rs.20,000/- under the conventional head. However, making above submissions, he has requested to dismiss the present First Appeal.;