Lilaben Parsottambhai Patel and Others vs Ibrhim Kasammiya Kureshi and Others

M.D. Shah, J.—By this first appeal, the appellants herein-original claimants have challenged the judgment and award dated 23.04.2003 passed by the Motor Accident Claim Tribunal (Main), Bharuch in Motor Accident Claim Petition No. 703 of 1996. The claim petition was filed by the legal heirs of the deceased-claimant claiming compensation of Rs. 6,84,000/- along with interest for injury sustained on 13.07.1996. When the deceased was coming from Mehsana to Bharuch by driving Tempo bearing Registration No. GJ-16-T-6026 at average speed, driver of the truck bearing Registration No. GQA-5243 came from wrong side at Village Kavitka Patiya. As a result, driver of the truck dashed with tempo, and thereby, deceased had sustained grievous injuries and died on the spot. The accident occurred due to negligence driving of offending vehicle. The learned Tribunal, after considering oral and documentary evidence by judgment and award dated 23.04.2013, partly allowed the claim petition of the appellants herein. Against the said award, the appellants-original claimants have preferred this appeal for enhancement of compensation.

It is submitted by learned advocate for the appellants herein that learned Tribunal has not properly appreciated evidence on record. It is also submitted that the Tribunal has committed an error in deducting 2/3 amount of the awarded amount as the deceased was bachelor. It is also submitted that the learned Tribunal has not considered the income of the deceased. When the accident occurred and he was earning Rs. 2,500/- per month. Therefore, it is requested to allow this appeal.

Heard learned counsel for the respective parties. This Court has gone through the judgment and award dated 23.04.2003 passed by the learned Tribunal together with oral as well as documentary evidence on record.

The learned Tribunal has committed an error in deducting 2/3 amount from the awarded amount. The driver of the truck was coming from the wrong side. In the accident, deceased sustained injuries. The age of the deceased at the time of accident was 20 years. The deceased was bachelor. 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, it would be just and proper to award Rs. 1,10,000/- 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. 1,10,000/- with 9% interest per annum on the additional compensation from the date of filing of the claim petition. The judgment and award dated 23.04.2003 passed by the Motor Accident Claim Tribunal (Main), Bharuch in Motor Accident Claim Petition No. 703 of 1996 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. The First Appeal is partly allowed.