LAWS(GJH)-2012-2-421

HARDAS LAXMANBHAI Vs. JAGMALBHAI EBHABHAI SOLANKI

Decided On February 23, 2012
HARDAS LAXMANBHAI Appellant
V/S
JAGMALBHAI EBHABHAI SOLANKI Respondents

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 02.04.2007 passed by the Motor Accident Claims Tribunal Porbandar in Motor Accident Claims Petition No. 48 of 2004 so far as the Tribunal awarded only Rs. 1,74,500/- as compensation with interest at 7.5% per annum under section 163A of the M.V. Act.

(2.) THE original claimants had filed application under section 163 A of the M.V. Act to get compensation on structured formula basis to the tune of Rs. 4,18,500/- on account of the death of deceased in the vehicular accident. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THE Tribunal has gone into the evidence in detail. However, the quantum of compensation awarded by the Tribunal seems to be on a higher side. As regards the income of the deceased under section 163-A of the M.V. Act is concerned, the issue is now well settled by a recent decision of the Apex Court in the case of National Insurance Co. Ltd. vs. Gurumallamma and another (supra)wherein it is held as under: