C.L.SONI,J. - (1.) Learned advocate Mr. Pandya for the appellant states that since the appeal is to be decided on the question of quantum, the appeal could be disposed of finally as the claimant-respondent No.1 is represented by learned advocate Mr. Shah. Mr. Shah states that he has no objection if the appeal is taken up for final disposal. Hence, ADMIT. Learned advocate Mr. Shah waives service of notice of admission of the appeal for respondent No.1. No notice to the respondent Nos.2 and 3 is required to be issued. At the request of learned advocates for the appellant and the original claimant, the appeal is taken up for final hearing and disposal.
(2.) The appeal is filed under section 173 of the Motor Vehicles Act, 1988 ('the Act') against the judgment and award dated 10.8.2017 passed by the Motor Accident Claims Tribunal (Aux.), District Panchmahal at Godhra in Motor Accident Claim Petition No.416 of 2014 filed by the respondent No.1.
(3.) The respondent No.1 filed the claim petition under Section 166 of the Act claiming compensation of Rs. 17 lac in connection with the death of her husband Bhalabhai Baria (to be referred as 'deceased') in the accident happened on 27.11.2013 allegedly on account of rash and negligent driving of the motor vehicle by the driver of the vehicle the respondent No.2. As per the case of the claimant and as per the deposition of the claimant in support of the claim petition, the deceased was earning Rs. 8,000/- per month by doing tailoring work, agriculture work and from seasonal mango business and on the date of accident, he was aged 50 years. The Tribunal has recorded that the claimant has not produced any evidence in support of her oral evidence to establish that the deceased was earning Rs. 8,000/- per month. The Tribunal further observed that when there is no proof of income of the deceased, the income of the deceased could be assessed by taking into consideration the prevailing minimum wages. The Tribunal considered the notification for minimum wages and recorded that Rs. 5,580/- per month would be as per minimum wages in the year in which the accident had happened, i.e. 2013, and also considered Rs. 1,000/- towards agriculture income and assessed monthly income of the deceased at the rate of Rs. 6,580/-. To such monthly income of the deceased, the Tribunal added 30% thereof towards future prospectus and arrived at Rs. 8,554/- per month and deducted one-third towards personal expenditure of the deceased and assessed Rs. 5,702.67 as dependency loss of the claimant per month. Such figure is when multiplied by 12, it came to Rs. 68,432.04 as dependency loss per year. Considering the age of the deceased, the Tribunal applied multiplier of 13 and arrived at Rs. 8,89,617/- as total loss of dependency to the claimant. The Tribunal then added Rs. 1,00,000/- towards consortium, Rs. 25,000/- towards funeral expenses and Rs. 1,00,000/- towards loss of love, affection and care and held the claimant entitled to total compensation of Rs. 11,14,617/-, to be recovered from the appellant, respondent Nos.2 and 3 jointly and severally with interest at the rate of 9% from the date of the claim petition till its realization.;