UNITED INDIA INSURANCE COMPANY LIMITED Vs. DINESHBHAI MAKODBHAI

JUDGEMENT

(1.) Leave to delete respondents No. 5 and 6 as prayed for by learned advocate for the appellant, as the sole controversy is with regard to the quantification of damages, is granted. Respondents No. 5 and 6 stand deleted. with Civil Application No. 4462 of 1997. decided on 23rd April, 1998 Admit. Learned advocate Mr. Sejpal waives service for the affected and interested parties-claimants.

(2.) The only question which requires to be examined adjudicated upon in this appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act' for short), as to whether the assessment of amount of compensation to the tune of Rs. 4,60,000 awarded by the Tribunal for the death of a young labourer, aged about 20 years, whose life was cut short at the cruel hands of providence on the road accident which occurred, on 16.7.1994, at about 10 P.M. on Timbi Urmala State Highway, leaving a daughter of hardly two months, widow and parents, is just and reasonable or not? 2A. The deceased was doing labour work. The Tribunal has found that he was doing diamond cutting and polishing work. Reliance is placed on the salary certificate and the copies of the extract of books of accounts of the master of the deceased, Dinesh, which, the Tribunal has also not accepted. As per the case of the claimants, deceased was earning an amount of Rs. 4,000 per month at the relevant time. Nobody is examined for and on behalf of the employer of the deceased. The Tribunal has taken the monthly income of the deceased at Rs. 3,500 and awarded an amount of Rs. 4,20,000 towards loss of dependency, awarded an additional conventional amount of Rs. 20,000 and also another amount of Rs. 20,000 towards the medical and other expenses and thus in all an amount of Rs. 4,60,000 came to be awarded to the claimants.

(3.) Since the only controversy raised before us is with regard to the quantification of the damages, the discretionary power exercised by the Tribunal, based upon the correct assessment and acceptable appraisal of the evidence so as to determine just and reasonable amount of compensation, ordinarily, the appellate Court would be loath to interfere with. However, in the present case, we have noticed that the monthly income of the deceased who was aged about 20 years, is straightway taken at Rs. 3500 without any supporting material or documentary evidence. The Tribunal has awarded an amount of Rs. 4,20,000 under the head of loss of dependency value which, in our opinion, is on a higher side, requiring reduction so as to arrive at just and reasonable amount of compensation, which is the underlying design of the provisions of Sec. 166 of the Act.