The court established that compensation must accurately reflect the deceased's potential income, applying minimum wage standards and recognizing future prospects.

JUDGMENT :

MOOL CHAND TYAGI, J.

1. The captioned appeal has been preferred against the impugned judgment and award dated 29.07.2024 passed by the learned Motor Accident Claims Tribunal (Main) at Rajkot in M.A.C.P. No. 578 of 2014, whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.4,52,400/-, along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as narrated in the Claim Petition is summarized as under:-

i. On 28.02.2014, the deceased Mr. Jay Chatrabhujbhai Khant, was travelling in a motorcycle bearing registration No.GJ-3FN-390, as a pillion rider. The said motorcycle was driven by its driver at a very moderate speed and on the correct side of the road, by observing traffic rules. When they reached near the place of the accident, in the meantime, one truck bearing registration No.GJ-25T-9495 being driven in a rash and negligent manner and at an excessive speed, suddenly turned towards right side without any sign or signal, as a result, the motorcycle on which the deceased was travelling dashed with the truck, thereby causing the accident. The deceased sustained grievous injuries in the accident and he succumbed to the said injuries.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 21 years and he was working in a patidar store, thereby earning Rs.20,000/- per month. Therefore, the original claimants preferred the Claim Petition before the learned Tribunal seeking compensation of Rs.25,00,000/- each.

iii. Having been served with the notices/summons of the Claim Petitions, Original opponent No.3/respondent No.3 herein had chosen not to appear before the learned Tribunal. While original opponent No.1/respondent No.1 herein and respondent No.2 & 4 – Insurance Companies, filed its Written Statement, thereby denying the averments made in the Claim Petition, and prayed for dismissal of the Claim Petition.

iv.Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues:-

1. Whether it has been proved that the deceased died because of serious injuries caused to him a vehicular accident ?

2. Whether it is proved that the alleged vehicular accident had occurred because of rash and negligent driving on the part of the driver of the offending vehicle ?

3. What order and award ?

v. Having considered the evidence on record, the learned Tribunal partly allowed the Claim Petition, and awarded a sum of Rs.4,52,400/-, along with interest at the rate of 9% per annum, from the date of filing of the claim petitions till its realization, as compensation.

vi. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein have preferred the captioned appeal seeking enhancement of the compensation awarded by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Mr. Sandip B. Chohala, learned advocate appearing on behalf of Mr. Hemal Shah, learned advocate for the original claimants/appellants herein vehemently submitted that at the time of the vehicular accident, the deceased was aged about 21 years and was pursuing the degree of B.A. In addition to his studies, he was also working in a patidar store, thereby earning Rs.20,000/- per month, however, the learned Tribunal had assessed the income of the deceased at Rs.2,000/- per month, which is at a very lower side. He further