FA/5594/1998 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5594 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== RAVJIBHAI PUNJABHAI PADIYAR Versus HUSSEINBHAI GANIBHAI CHOPRA AND OTHERS ====================================== Appearance : NOTICE SERVED for Appellant,MR MTM HAKIM for Appellant. NOTICE SERVED for Respondent Nos.1 - 2. MR MRUDUL BAROT for MS AVANI S MEHTA for Respondent No.3. ====================================== CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 12/03/2008 ORAL JUDGMENT The appeal under Section 173 of the Motor Vehicles Act, 1988 preferred from award dated 20th July 1998 of MACT, Nadiad, in MACP No.310 of 1988 was pressed only for increasing the amount of compensation. It was argued that the deceased was nine years old FA/5594/1998 2/2 JUDGMENT daughter and only child of the claimant. Therefore, larger amount towards loss of future income and mental shock and suffering as well as loss of love and affection were required to be awarded. It was seen from the impugned award and the record of the case that the deceased daughter of the claimant was doing the work of grazing cattle and the tribunal had taken loss of income to be Rs.600/- without any evidence whatsoever of her income or even that of income of her father. The tribunal applied multiplier of 17 to the monthly dependency benefit of Rs.200/- to arrive at the figure of Rs.36,000/- as the compensation for loss of dependency benefits. To that was added amount of Rs.12,000/- towards pain, shock and suffering and Rs.3,000/- towards funeral and transportation and thus, total Rs.51,000/- was awarded with 12% interest after ten years of pendency of the claim case. Thus, a reasonable and just amount of compensation was awarded to the appellant and no case was made out to increase the amount of compensation under any of the heads, particularly, in view of price level and value of money prevailing in the year of accident i.e. 1987 and the year of decision i.e. 1998. The appeal is accordingly dismissed with no order as to costs. (D.H.Waghela, J.) /malek