Jyotikaben Hiteshbhai Acharya and Others vs Kanjibhai Bhanabhai Patel (Kathrotiya) and Others

M.D. Shah, J.—By this first appeal, the appellant herein-original claimants have challenged the judgment and award dated 24.04.2012 passed by the learned Additional District Judge, Ahmedabad (Rural) in M.A.C.P. No. 480 of 1997. The claim petition was filed by the claimant claiming compensation of Rs. 11,00,000/- for death of deceased Hiteshbhai in accident which took place on 23.01.1997. It is the case of the claimants that deceased was traveling in Maruti car along with his friends from Bhavnagar to Ahmedabad. Driver of maruti car was driving his vehicle slowly and when the car reached near Aaram Gruh on Barvala road, at that time driver of opponent No. 1 came with his truck driving rashly and negligently. As a result accident occurred. Deceased received serious injuries and died. The learned Tribunal after considering oral and documentary evidence by order dated 24.04.2012 partly allowed the claim petition of the appellant herein. Against the said award, the appellant-original claimant has preferred this appeal for enhancement of compensation.

It is submitted by learned advocate for the appellant herein that learned Tribunal has not properly appreciated evidence on record. It is also submitted that Tribunal has committed error in not calculating prospective income of the deceased. Therefore, it is requested to allow this appeal.

Heard learned advocates for the respective parties. This Court has gone through the judgment and award dated 24.04.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record.

Policy is not in dispute. Insurance Company has not preferred any appeal. It is not in dispute that in the accident, deceased received injuries and thereafter died. The age of the deceased at the time of accident was 35 years. This Court has gone through the decision of Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

Considering the facts and circumstances and considering the income of the deceased, age of the deceased and considering the evidence on record and ratio laid down by the Hon''ble Supreme Court in Sarla Verma (supra), in opinion of this Court, considering income of the deceased as Rs. 3000/- per month and considering prospective income and deducing 1/4th towards personal expenses, it would be just and proper to award Rs. 2,50,000/- as additional compensation to the appellants-original claimants and it would meet the ends of justice. In view of above, the first appeal is partly allowed. The appellants-original claimants are entitled to get additional compensation of Rs. 2,50,000/- with 9% interest per annum on the additional compensation from the date of filing of the claim petition. Judgment and award dated 24.04.2012 passed by the learned Additional District Judge, Ahmedabad (Rural) in M.A.C.P. No. 480 of 1997 is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. Record and Proceedings, if any, be sent to the concerned Tribunal forthwith.