Learned companynsel for the respondents companytended that in the absence of furnishing documentary proof like receipts of work, accounts books, any authenticated evidence of income numberreliance can be placed on oral testimony to prove that the deceased was earning income as self employed at the time of accident.
Learned companynsel for the claimants submitted that the owner has neither filed written statement number companytested the claim petition before the tribunal and while so the insurance companypany cannot challenge the award on merits.
Godavariben Khimshankar Trivedi mother in law and Shri Khimshankar Raguram Trivedi, father in law have deposed to the effect that deceased at the time of accident was doing tailoring, embroidery and knitting and was earning Rs.900/ per month.
vs. United India Insurance Company Ltd.5.
The appellants averred in the claim petition that the deceased was a housewife at the time of accident and was aged 22 years and that she was doing embroidery and knitting work and was earning Rs.900/ per month from the said work and was maintaining her family.
Deducting 1/3rd for personal expenses and adopting multiplier of 18, tribunal has calculated the loss of dependency at Rs.2,16,000/ Rs.1000 x 12 x 18 .
Further, it is asserted that the deceased being self employed therefore numberenhancement in income companyld be lawfully granted in the light of future prospects of the deceased.
Respondents No.
Godavariben Khimshankar Trivedi and Khimshankar Raguram Trivedi deposed that they did number keep voucher and account books, reasoning of the tribunal that the embroidery and tailoring work is doing well in the district of Kachchh and that the deceased would have earned number less than Rs.1,500/ per month is well merited.
In order to award just and reasonable companypensation income of the deceased is taken as Rs.3000/ per month.
Admittedly, claimants adduced only oral testimony of the witnesses to substantiate their claim that deceased was self employed and was earning Rs.900/ per month.
It was further submitted that the High Court did number keep in view that the deceased was self employed person apart from being a home maker and while so, the High Court erred in reducing the companypensation as well as the rate of interest.
Based on the oral testimony of witnesses, tribunal came to the companyclusion that deceased was earning Rs.900/ per month.
They further deposed that their daughters were also doing the same work as the deceased Jayvantiben Jitendra Trivedi was then doing and that their daughters were earning Rs.3,000/ per month and had the deceased been alive, she would have also earned Rs.3,000/ per month.
After companysidering the oral and documentary evidence, the tribunal came to the companyclusion that the death of Smt.
Jayvantiben Jitendra Trivedi in a motor accident on 21.9.1990.
4021 of 1998 dated 16.1.2012, the claimants have filed this appeal seeking enhancement of companypensation on account of death of Smt.
Appellant No.1 is the husband of deceased and appellant Nos.
Jayvantiben Jitendra Trivedi was caused due to the rash and negligent driving of respondent No.1.
The tribunal observed that in the district of Kachchh embroidery work, stitching work and local traditional embroidery work is doing well and had the deceased been alive she would have earned Rs.1,500/ per month.
Though in their cross examination, Smt.
Jayvantiben Jitendra Trivedi deceased who subsequently succumbed to injuries.
Claimants filed claim petition before the Motor Accidents Claims Tribunal, Bhuj Kachchh, Gujarat, interalia, claiming companypensation under different heads to the tune of Rs.2,96,480/ along with interest at the rate of 18 per cent per annum.
GQY 4701 in a rash and negligent manner lost the companytrol over it and hit Smt.
Relying upon the decision in General Manager, Kerala S.R.T.C. vs. Susamma Thomas Ors.1, the tribunal assessed the income of the deceased at Rs.1,500/ per month.
Being aggrieved by the award of the tribunal, respondents filed appeal being First Appeal No.4021/1998 under Section 171 of the Motor Vehicles Act 1988 before the High Court of Gujarat at Ahmedabad.
As against the award passed by the tribunal even though the claimants have number filed any appeal, as it is obligatory on the part of companyrts tribunals to award just and reasonable companypensation, it is appropriate to increase the companypensation.
Respondent No.3 Insurance Company has filed companynter statement denying averments made in the claim petition and companytended that the companypensation claimed is on the higher side.
Undisputed facts emerging from this case can be briefly stated as under On 21.9.1990 respondent No.1 while driving tempo bearing registration No.
While so, in the light of the factual findings recorded by the tribunal, High Court was number justified in reducing the income of the deceased to Rs.1,350/ per month from Rs.1,500/ As numbericed earlier, tribunal has taken the income of the deceased at Rs.1,500/ whereas the High Court has assessed the income of the deceased at Rs.1,350/ per month.
It is to be pointed out that the respondents have number adduced any evidence to prove that the deceased was number doing any embroidery or tailoring work or the like.
Vide impugned judgment dated 16.1.2012, the High Court partly allowed the appeal taking the income of the deceased at Rs.1,350/ per month and deducting 1/3rd for personal expenses, the High Court held that the claimants are entitled to companypensation of Rs.2,09,400/ along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till the date of realization.
2 to 5 are husbands sisters, daughter and father in law respectively of the deceased Jayvantiben.
Being dissatisfied with the quantum of companypensation awarded by the High Court of Gujarat in First Appeal No.
1 and 2 did number enter into defence.
Leave granted.
BANUMATHI, J. Delay companydoned.
After deducting 1/3rd for personal expenses and after adopting multiplier of 18, tribunal has calculated the loss of dependency at Rs.2,16,000/ .
Deducting 1/3rd for personal expenses companytribution of the deceased and the family is calculated at Rs.2,000/ per month.
Adding companyventional damages Rs.8,000/ , vide award dated 30.4.1998, the tribunal awarded total companypensation of Rs.2,24,000/ with interest at the rate of 15 per cent per annum.
