The main legal point established in the judgment is the correct assessment of income and the application of legal provisions and previous judgments to support the decision to enhance the compensation.

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the original claimants as appellants challenging the judgement and award dated 19/12/2013, passed by the Motor Accident Claims Tribunal (Aux-4), Mehsana in Motor Accident Claim Petition No.505 of 2009, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.5,98,500/- was awarded with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

2. Brief facts, arising from the record, are as under :

On 10/06/2009 at around 6:00 hours in the morning, Sanjaykumar Manilal Prajapati was going driving a scooter bearing registration No.GJ-2-AE-4138 with his nephew Jaimin as pillion rider. Sanjaykumar was going to the school at Kadi to drop his nephew. When he was coming back and reached near Anand park society, Kinara Cinera at Kadi-Nandasan Highway, a Truck bearing registration No.GJ-14-T- 3295 came in rash and negligent manner with full speed and dashed with scooter of Sanjaykumar Manilal Prajapati (hereinafter referred to as “the deceased”). Resultantly, the deceased fell down and sustained serious injuries and scummed to death. For the said accident, legal heirs of the deceased as original claimants, filed claim petition being Motor Accident Claim Petition No.505 of 2009 under section 166 of the Motor Vehicles Act, seeking compensation of Rs.12,00,000/-. It was case of the original claimants that accident occurred due to sole negligence of the driver of the truck.

Upon filing of the claim petition, Notices were issued. Respondents appeared and filed their written statements. Tribunal after hearing the parties and upon appreciation of oral and documentary evidence on record, decided the issue of negligence in favour of the original claimants by holding driver of the Truck, sole negligent for the said accident. In the impugned judgement and award, the Tribunal awarded total compensation of Rs.5,98,500/- with interest at the rate of 9% per annum from the date of filing of the claim petition till realisation, under different heads, as under:

3. Aggrieved by the amount of compensation awarded, present appeal is filed by the original claimants seeking enhancement.

4. Heard learned advocate Mr.A.V.Prajapati, for the appellants-original claimants, learned advocate Mr.Palak Thakkar, for respondent No.3- Insurance Company. Since liability has not been denied by respondent No.3, presence of other respondents is not necessary for deciding this appeal and dispensed with. Record and proceedings of the case have been secured and placed before this court for perusal.

5. Mr.A.V.Prajapati, learned advocate for the appellants submitted that the Tribunal is in error in not assessing the income of the deceased correctly. He further submits that the deceased was doing multiple business like Pan parlour, stationary, cutlery, cold drinks, STD PCO, coin calls telephone booth and snacks parlour and earning Rs.8,000/- per month. The deceased was possessing cabin for the aforesaid business and was also paying rent of Rs.2,500/- per month for the said cabin. Further, the deceased was also earning Rs.1,000/- per month as his agricultural income and thus, he was totally earning Rs.1,08,000/- per year. Relying upon the rent agreement exhibited at Exh.37 executed for the lease of cabin, in which, the deceased was doing his business, he submitted that payment of rent of Rs.2,500/- per month, supports the case of the original claimants that he was earning Rs.8,000/- out of the said business. He has also relied upon the deposition of Bababhai Punjabhai