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MAULIK J. SHELAT, BIREN VAISHNAV
Lalitaben @ Lilaben Wd/O Ratilal Gandalal Patel – Appellant
Versus
Dineshkumar Dalaji Vanzara – Respondent
JUDGMENT :
(Maulik J. Shelat, J.)
1. The present appeal is filed under Section 173 of the Motor Vehicle Act by original claimant since deceased continued by her legal heirs against judgment and award dated 16.04.2012 passed by MACP (Auxilliary), City Civil Court No.13, Ahmedabad seeking an additional compensation for the death of husband of the original claimant – Lalitaben @ Lilaben.
2. The Short facts of the case appear to be that the husband of the original claimant namely Ratilal Gandalal Patel met with an accident on 12.05.1999 at about 7:30 am on public road by Truck No. GJ-1-TT-5999. He sustained very serious injuries and during the course of treatment he succumbed to injuries.
2.1 The widow of the deceased has filed claim petition under Section 166 of the Motor Vehicle Act seeking compensation of Rs.50,00,000/- from driver, owner and insurance company of aforesaid truck.
2.2 The opponent No.3 – insurance company has appeared and filed its written statement and contested claim on its merits.
2.3 The original claimant has been examined at Exh.36 and also submitted following documents in support of her case;
Sr. No. Description Exh.
1 Deposition of petitioner 36
2 FIR 57
3 Panchna
The court ruled that social security deductions from income are not applicable in compensation calculations, emphasizing the need to consider all income components for just compensation.
The court determined that the tribunal erred in calculating compensation by not considering the deceased's full income, leading to a revised compensation amount based on established legal principles.
The court established that future prospects and standardized deductions for personal expenses must be applied in calculating compensation for wrongful death.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
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