INDIRA SAWANT Vs. VIJAYENDRA UMAKANT SHETH

JUDGEMENT

(1.) By this appeal under Section 173 of the Motor Vehicles Act, the appellants-claimants seek enhancement of compensation in respect of death of one Vinayak Sawant i.e. husband of appellant No.1 and father of other appellants. He was working as a Head Clerk and expired in a road accident on 11/8/1997. At the time of his death, he was working as Head Clerk with the State Government. The fact that he left behind him widow and four children i.e. total five dependents is not in dispute. Similarly the quantum of amount awarded towards hospitalisation is also not under challenge before this Court in the present appeal.

(2.) I have heard learned Senior Advocate Shri Lotlikar with Ms. Patil, for the appellants and Advocate Shri Bharne, on behalf of respondent No.3-Insurance Company. Nobody has appeared for respondents No.1 and 2.

(3.) Advocate Lotlikar has submitted that as number of dependents was 5, by following the settled position in this respect, deduction on account of personal expenditure of the deceased should have been 1/4th of his gross salary and the Motor Accident Claims Tribunal (MACT) committed error in deducting 1/3rd therefrom. He