FA/741/1986 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 741 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= LAXMIBEN WD/O.PURSHOTTAM SOMABHAI & 5 - Appellant(s) Versus CHANDUBHAI KHATUBHAI PAGI & 3 - Defendant(s) ========================================================= Appearance : MR RN SHAH for Appellant(s) : 1 - 6. None for Defendant(s) : 1, NOTICE SERVED for Defendant(s) : 2, 4, MS SHRADDHA TRIVEDI for Defendant(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 08/05/2008 ORAL JUDGMENT 1.0 By way of this appeal, the appellants – original claimants have challenged the judgment and award dated 27th FA/741/1986 2/3 JUDGMENT November, 1984 passed by Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) [hereinafter referred to as 'the Tribunal'] in Motor Accident Claim Petition No.809 of 1982 whereby the respondents herein were directed to pay an amount of Rs.1,00,980/- with interest @6% per annum from the date of filing of the claim petition till its realization. 2.0 The brief facts of the case are as under: 2.1 On 28th September, 1982, at about 10.30 or 11.00 a.m., Purshottam Somabhai – husband of appellant no.1 was riding on his bicycle. When he reached near Ashish Hotel, a truck bearing No.GTJ-5177 came from behind and knocked down Purshottam Somabhai on account of which the said Purshottam Somabhai sustained serious bodily injuries. He was immediately taken to the Government Dispensary at Dehgam but after 18 days, in the midst of the treatment, he succumbed to his injuries. 2.2 The appellants, who are the wife and children of deceased Purshottam Somabhai, therefore, filed a claim petition before the Tribunal claiming compensation of Rs.2,50,000/- on the ground that the deceased was the sole earning male member in the family. While considering the claim of the appellants – original claimants, the Tribunal came to the conclusion that the accident took place on account of rash and negligent driving of the truck driver and, therefore, partly allowed the claim petition by awarding an amount of Rs.1,00,980/- with interest. Being aggrieved by the said amount of compensation awarded by the Tribunal, the appellants have filed the present appeal for enhancement of the amount of compensation. 3.0 Heard learned counsel for the respective parties and perused the documents on record. It is evident from the pay-slips FA/741/1986 3/3 JUDGMENT (Exh.47 to Exh.49) that the deceased was earning Rs.967.50 per month at the time of his death. The Tribunal has, therefore, rightly assessed the average income of the deceased at Rs. 1,000 per month. Moreover, as per the certificate at Exh.35, the deceased was aged 45 years and therefore, a multiplier of 13 is rightly applied by the Tribunal. Keeping in mind the above aspects, the Tribunal has partly allowed the claim petition of the appellants. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, therefore, find no reasons to interfere with the same. 4.0 In the result, the appeal deserves to be dismissed and is dismissed. No order as to costs. 5.0 By efflux of time, the minors have now attained the age of majority. Therefore, it is directed that the amount of compensation which has been deposited in the name of the minors shall now be paid to them. ( K.S. Jhaveri, J. ) hki