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M.R.SHAH, BIREN VAISHNAV
LEGAL HEIRS OF DECEASED SHAILESHBHAI BALDEVBHAI PATEL – Appellant
Versus
PARMAR PRAVINSINH CHEDUSINH – Respondent


Advocates Appeared:
Mr. J.M. Barot, Advocate, for the Appellant Nos. 1 and 4; Mr. Vibhuti Nanavati, Advocate, for the Defendant No. 3

JUDGMENT :

M. R. Shah, J. - Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal, Mehsana passed in MACP No. 792 of 2005, by which, the learned Tribunal has partly allowed the said Claim Petition and has awarded a total sum of Rs. 5,70,000/- in all towards compensation for the death of deceased Shailesh Patel (after deducting 40% towards contributory negligent of the deceased, original claimants have preferred present First Appeal.

2. At the outset, it is required to be noted that the deceased Shailesh Patel died in a vehicular accident is not disputed. That by impugned judgment and award, the learned Tribunal has held deceased Shailesh Patel contributory negligent to the extent of 40%. That on appreciation of evidence and after deducting 1/3rd towards personal expenses of the deceased, the learned Tribunal has assessed the future loss of income at Rs. 3000/- per month I. . e Rs. 36000/- p. a. and thereafter after applying multiplier of 15, the learned Tribunal has awarded Rs. 5,40,000/- towards loss of dependency. The learned Tribunal has awarded Rs. 3,70,000/- towards medical expenses. The learned Tribunal has

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