IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1415 OF 2015 (Arising out of SLP (Civil) No.4969/2014) JITENDRA KHIMSHANKAR TRIVEDI & ORS. Versus KASAM DAUD KUMBHAR & ORS.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1415 OF 2015

(Arising out of SLP (Civil) No.4969/2014)

JITENDRA KHIMSHANKAR TRIVEDI & ORS. ..Appellants

Versus

KASAM DAUD KUMBHAR & ORS. ..Respondents

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. GQY-4701 in a rash and negligent manner lost the control over it and hit Smt. Jayvantiben Jitendra Trivedi (deceased) who subsequently succumbed to injuries. Appellant No.1 is the husband of deceased and appellant Nos. 2 to 5 are husband’s sisters, daughter and father-in-law respectively of the deceased Jayvantiben. Claimants filed claim petition before the Motor Accidents Claims Tribunal, Bhuj-Kachchh, Gujarat, interalia, claiming compensation under different heads to the tune ofRs.2,96,480/- along with interest at the rate of 18 per cent per annum. 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. Respondents No. 1 and 2 did not enter into defence. Respondent No.3–Insurance Company has filed counter statement denying averments made in the claim petition and contended that the compensation claimed is on the higher side. After considering the oral and documentary evidence, the tribunal came to the conclusion that the death of Smt. Jayvantiben Jitendra Trivedi was caused due to the rash and negligent driving of respondent No.1. Based on the oral testimony of witnesses, tribunal came to the conclusion that deceased was earning Rs.900/- per month. 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. 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/-. Adding conventional damages Rs.8,000/-, vide award dated 30.4.1998, the tribunal awarded total compensation of Rs.2,24,000/- with interest at the rate of 15 per cent per annum….read more