PATEL HASUMATIBEN MOHANLAL Vs. BITUSING DRIVER

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and award dated 29 -10 -2007 passed by the Motor Accident Claims Tribunal (Aux.III), Mehsana, (hereinafter referred to as ' the learned Tribunal" for short) in Motor Accident Claims Petition No.17 of 2000 by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs.13,29,600/ - towards compensation for the death of deceased -Mohanlal Patel, the appellants herein -original claimants have preferred present First Appeal to enhance the amount of compensation awarded by the learned Tribunal.

(2.) FACTS leading to filing of present First Appeal in short are that in a vehicular accident which took place on 20 -11 -1999, deceased -Mohanlal Patel, who was going on his motor cycle from Mehsana to Unjha, dashed with truck bearing registration No. P.B. 04.3.9721 and sustained serious injuries and succumbed to the injuries after a period of two days while taking the treatment in the hospital. Therefore, the original claimants -his widow and minor children filed the claim petition before the learned Tribunal claiming Rs.22,00,000/ - towards compensation for the death of the deceased.

(3.) MS .Vashi, learned advocate for Mr.Unwala, the learned advocate appearing on behalf of the appellants -original claimants, has vehemently submitted that the learned Tribunal has materially erred in considering income of the deceased at the time of accident at Rs.1,75,000/ - per annum. It is further submitted by learned advocate appearing on behalf of the appellants that while awarding future economic loss, the learned Tribunal has not considered future rise in income and the fact that if the deceased had survived, he would have continued in service up to 60 years.