B.C.PATEL, N.N.MATHUR, JJ. - (1.)The State of Gujarat, through the Chief Secretary and Deputy Director of Public Health Services has preferred this appeal against the award made by the Motor Accident Claims Tribunal (Auxiliary), Rajkot, in Motor Accident Claim Petition No. 411 of 1979. Respondents No. 1, 2 and 3, original opponents No. 1 to 3, have filed their Cross Objections, inter alia, contending that the Tribunal has seriously erred in calculating the amount of damages and ought to have awarded the full compensation of Rs. 1,70,000/-.
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(3.)The Tribunal, in paragraph 15, for the purpose of quantum to be awarded, has discussed in detail the salary which was being drawn by the deceased at the time of the accident and as to what he would be drawing after his retirement. The Tribunal considered the income of the deceased at Rs. 1227.60 and arriving at the figure of Rs. 800/- per month as his contribution to the family, the Tribunal came to the conclusion that a sum of Rs. 9600/- would have been made available to the members of the family. Since the deceased would have retired on 30th June 1985, the Tribunal calculated the loss at Rs. 57,600/-. The Tribunal considering that the deceased would have received pension of Rs. 476/- per month approximately and considering that the deceased being a Law graduate, if in future would practise as a Lawyer, would also earn something and, thus, came to the conclusion that a sum of Rs. 33,600/ - could be considered for the future income considering the average span of life of 60 years and, accordingly, awarded a sum of Rs. 91,200/-. Over and above this, the Tribunal awarded a sum of Rs. 5000/- by way of solatium, totalling to Rs. 96,200/-, in all.