Married adult children qualify as legal representatives under the law, granting them standing to pursue compensation claims for a deceased parent's estate, regardless of dependency status. Compensation must utilize government-notified minimum wages when income is unproven, incorporating standardized future prospects and conventional heads of damages.

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 10.07.2024 passed by the learned Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2023, whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.8,92,888/-, along with interest at the rate of 7% 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 are summarized as under:-

i. On 13.01.2023, Mr. Sajitmiya Mustufamiya Malek (hereinafter referred to as the “deceased”), was travelling on a motorcycle bearing registration No.GJ-35-K-7329, as a pillion rider. The said motorcycle was being driven by original opponent No.1/respondent No.1 herein at a very moderate speed, by observing traffic rules. When they reached near the place of the accident, a blue-buck suddenly came on the road, and upon seeing blue-buck, the original opponent No.1/respondent No.1 herein suddenly applied the brake of the motorcycle, however, lost control over his motorcycle, thereby causing the vehicular accident. Resultantly, the deceased sustained serious injuries and 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 vehicle, the deceased was working as a tailor, thereby earning Rs.15,000/- per month. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation of Rs.22,00,000/- each.

iii. Having been served with the notices/summons of the Claim Petition, Original opponent No.3/respondent No.3 herein – Insurance Company 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 the applicant proves that the deceased sustained injuries and died on account of the rashness and negligence on the part of the driver of the vehicle involved in the accident ?

2. What amount the applicant is entitled to get by way of compensation and from which of the opponents ?

3. What order ?

v. Having considered the evidence on record, the learned Tribunal partly allowed the Claim Petitions, and awarded a sum of Rs.8,92,888/-, along with interest at the rate of 7% 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. Learned Counsel appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of the vehicular accident, the deceased was earning Rs.15,000/- per month by working as a tailor, however, in the absence of any proof of income, the learned Tribunal assessed the income of the deceased at Rs.8,500/- per month, which is at a very lower side. He contended that in the absence of any proof of income, the learned Tribunal ought to have considered the minimum wages prevalent