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Ahmedbhai and Co. and anr. Vs. Nirmalaben and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtGujarat High Court
Decided On
Judge
Reported inII(1984)ACC521
AppellantAhmedbhai and Co. and anr.
RespondentNirmalaben and ors.
Excerpt:
- - it is to be noted with pertinent at this stage that in view of the dismissal of owner and the insurance company's first appeal, the judgment of the tribunal holding the owner and the insurance company liable for making good the loss the present respondents original applicants, becomes res judicata between the parties cross- objections for the additional compensation in the sun of rs......we have to dismiss this first appeal with costs for want of prosecution.3. this bring us to the cross objections filed by the original claimants. it is to be noted with pertinent at this stage that in view of the dismissal of owner and the insurance company's first appeal, the judgment of the tribunal holding the owner and the insurance company liable for making good the loss the present respondents original applicants, becomes res judicata between the parties cross- objections for the additional compensation in the sun of rs. 13, 5000/-.4. the deceased maganbhai had died because of the alleged rash and negligent driving of the driver of the truck belonging to the appellant no. 1 m/s. ahmedbhai & co. and insured with the insurance company appellant no. 2 before us. the deceased was.....
Judgment:

N.H. Bhatt, J.

1. This First Appeal preferred by original opponents Nos. 2 & 3 . of the Motor Accident Claims Petition No. 61 of 1974 of the Motor Accident Claims Tribunal at Bharuch is directed against the award of Rs. 30,000/- made by the Tribunal against them and in favour of the two claimants the widow and the minor daughter of the deceased Maganbhai.

2. This matter is being called out since day before yesterday, but at no time M/s. Choksi and Karnik were available. However, we could find some other pair available and we had, therefore, not dealt with the matter is recalled, no one is present and we have to dismiss this First Appeal with costs for want of prosecution.

3. This bring us to the cross objections filed by the original claimants. It is to be noted with pertinent at this stage that in view of the dismissal of owner and the Insurance Company's First Appeal, the judgment of the Tribunal holding the owner and the Insurance Company liable for making good the loss the present respondents original applicants, becomes res judicata between the parties Cross- objections for the additional compensation in the sun of Rs. 13, 5000/-.

4. The deceased Maganbhai had died because of the alleged rash and negligent driving of the driver of the truck belonging to the appellant No. 1 M/s. Ahmedbhai & Co. and insured with the Insurance Company appellant No. 2 before us. The deceased was serving with O.N.G.C. and was earning Rs. 371/- per month in those days. The claimants are the widow and the minor daughter, the two dependents and only surviving heirs of the deceased who was as a matter of fact maintaining both of them out of his earnings. The deceased died at the age of 31 leaving behind him the widow aged 27 and teen-aged child. Taking his salary to be at Rs. 375/- and not likely to increase though the situation is otherwise as can be judicially noticed, the dependency benefit has to be put at Rs. 225/- per month. Taking 5 units i.e. 2 of the deceased, 2 of his widow and one of the child, the dependency benefit is to be taken at Rs. 225/- per month and so the annual dependency benefit would come to Rs. 2700/- Applying even 15 multiplier and adding to in the conventional amount of Rs. 5000/-, the claim would come to Rs. 45,500/- whereas the Tribunal has granted them only Rs. 30,000/-. Therefore, the additional amount of Rs. 13,500/- is required to be granted.

5. The cross objections are, therefore, allowed. The owner and the Insurance Company are, therefore, directed to pay to the cross-objectionists of this First Appeal the additional amount of Rs. 13,500/- with 6% running interest from the date of the application till payament with costs on this amount both of the Tribunal and of this First Appeal. Award to be drawn up accordingly. The cross-objections stand allowed with costs.


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