SAIYED MUBINABANU WD/O HAMIDALI MEHDIHASAN v. HAFIZMIYA BHIKHUMIYA SHAIKH
2018-01-12
AKIL KURESHI
body2018
DigiLaw.ai
JUDGMENT : 1. The appeal is filed by the claimants seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Bharuch. 2. Fatal accident took place on 26.1.1998 where predecessor of the claimants aged about 39 years employed as regular labourer under BSNL died. The main grievance of the claimants is that the Tribunal adopted 1/3rd of the income of the deceased for his personal expenditure whereas total number of claimants were six. Second contention of the claimants was that as per the judgment of Supreme Court in case of National Insurance Company Limited. v/s. Pranay Sethi and ors reported in 2017(3) GLH 536, under the conventional head consolidated sum of Rs. 70,000/is to be awarded. Even if I were to accept such contentions, I notice that on several other heads, the Tribunal has committed an error in favour of the claimants. For example, the Tribunal has believed the current income of the deceased at Rs.4000/instead of the documentary proof of salary slip which showed income at Rs. 3740/per month inclusive of all benefits. The Tribunal has adopted multiplier of 16 which should be 15 looking to the age of the deceased. If these errors are corrected same would more than offset for the heads under which the claimants expect enhancement. 3. In the result, First Appeal is dismissed. R&P may be transmitted to concerned trial Court.