IMPORTANT POINT
The court affirmed the principle of just compensation under the Motor Vehicles Act, emphasizing that potential earnings should be considered when calculating dependency loss.

JUDGMENT :

J. C. DOSHI, J.

Being aggrieved and dissatisfied by the final judgment, order and award dated 7.5.2009 passed by the Motor Accident Claims Tribunal, Fast Track Court No.1, Ahmedabad (Rural) at Viramgam in MACP No.45/2008 whereby a sum of Rs. 10,68,200/- with interest at the rate of 7.5% p.a. from the date of the claim petition till realization with proportionate costs is awarded to the present respondents 1 to 3 (Orig. claimants) as compensation under Sec. 166 of the Motor Vehicles Act, 1988, and the present appellant is held jointly and severally liable for payment of 50% of the said sum, the present appellant has preferred the present First Appeal under Sec.173 of the Motor Vehicles Act, 1988. The challenge in the present appeal is restricted to a sum of Rs.3,26,600/- only.

2. The brief facts of the present petition are that on 26.8.2008 at about 7.30 AM hours, deceased Vipul Shankarbhai Sindhav, wanted to go to Viramgam for the study and service purpose and was standing nearby pick up bus stand of village Vani, situated in Dhangdhra- Viramgam village, time one between at that Bharatbhai Arjanbhai resident of village Vani came near by to said deceased Vipulbhai taking motor cycle bearing registration no. GJ.1.CS 8423, and he has stopped his motor cycle nearby the deceased Vipulbhai and both were talking with each other, mean while one Ford car bearing its registration no. GJ 3 CA 9495 came from the Viramgam driven by the opponent no.1 with full speed, rashly and negligently and even further coming to the wrong side of the road thereon had dashed his said ford car with the motor cyclist Bharatbhai Arjanbhai, therefore said motor cycle went in to the ditch nearby the road, and the said motor cycle was totally damaged, and deceased Vipulbhai sustained fatal injuries over the head and other injuries over the body, therefore, injured Vipulbhai was brought to Medilink Hospital at A'bad for medical treatment, where he was admitted as a indoor patient and during the medical treatment, he succumbed to said injuries on 27.8.2008 i.e. next day after incident, hence widow and the parents of the deceased Vipulbhai have filed this claim petition under section 166 of M.V. Act to get compensation of Rs.10.00.000/-.

2.1 The tribunal after considering the oral as well as documentary evidence led during the trial passed the judgment and award as referred in paragraph 1 of this judgment which has given rise to the present appeal.

3. Heard learned advocates appearing for the respective parties.

4. Learned Advocate Mr.Ninad Shah for Ms.Raol, learned advocate for the appellant – insurance company would submit that tribunal committed serious error in taking up the offer letter issued by the ICICI Bnak Ltd., to the deceased as the base for considering the dependency loss as the deceased had not joined the services of the Bank and therefore document relied upon at Exh.27 could not be said to be evidence to establish the income of the deceased. He would further submit that tribunal ought to have considered that there is no evidence on record produced by the claimant to prove the income of the deceased and in that event the tribunal should consider income of the deceased at Rs.3,000/- for calculating dependency loss and therefore he would submit that compensation computed by the tribunal is for more than the adequate and just compensation which could be granted to the claimant.

4.1 By placing reliance upon the decision in case of Syed Basheer Ahamed & Ors., vs. Mohammed Jameel & Anr., [(2009) 2 SCC 225], more particularly, paragraph 14 and 21 thereof, he would submit that merely bare assertion of income by the heir of the claimant is not sufficient to discharge the onus on behalf of the claimant and therefore he would submit to allow this appeal.

5. On the other hand, leaned advocate Mr.Mehul Mehta for the org. claimant would submit that it was not a mere offer letter produced at Exh.27 but the ICICI Bank issued issue letter to the deceased – Vipul