AKIL KURESHI,J. - (1.) This appeal is filed by the claimants seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Vadodara dated 31.05.2017 in MACP No. 1367 of 2010.
(2.) Brief facts are as under: One Trara chand Mistry was returning from Sirohi to Vadodara on 24.07.2010 in a hired car. Car was driven by the original opponent No.1. According to the claimants, due to rash and negligent driving of the car by the driver, it collided with the truck from behind. As a result, Tarachand sustained fatal injuries. His dependents i.e. his widow, four minor children and aged parents filed a claim petition seeking compensation of Rs. 40.27 lacs from the owner and the insurer of the car involved in the accident.
(3.) Claims Tribunal held the driver of the car solely negligent in causing the accident. For computing the compensation, the Tribunal noted that the deceased was engaged in the business of preparing furniture. His income-tax returns for last four assessment years were produced. The Tribunal ignored the last return for the assessment year 2010-11. Though no reasons are cited by the Tribunal for doing so, presumably, it was on account of the fact that the return was filed after the death. The Tribunal took the average of the declared income of the deceased for the three earlier assessment years and computed his current income at Rs. 1.72 lacs. The Tribunal granted 50% increase for future income to arrive at the prospective income of Rs. 2.58 lacs. The Tribunal held that there were four dependents i.e. a widow and three minor children of the deceased. In the view of the Tribunal, the parents were the dependents of the deceased. ?th of the total income was set apart for personal expenditure of the deceased, leaving a net of Rs. 1,93,500/- per annum for the dependents. The Tribunal applied a multiplier of 15 to arrive at loss of dependancy benefit at Rs. 29,02,500/-. The Tribunal further added Rs. 50,000/- for loss of consortium, Rs. 25,000/-, for loss of love and affair, Rs. 25,000/- for the loss of estate and Rs. 10,000/- for funeral expenses to arrive at Rs. 30,12,500/- by way of compensation.;