Ritaben Alias Vanitaben And Ors. vs Ahmedabad Municipal Transport Service ... on 17 April, 1998
Considered on the principles laid down by the Apex Court in Smt. Sarla Dixit and Anr. v. Balwant Yadav and Ors. (AIR 1996 SC 1274) and Division Bench decision of this Court in Ritaben alias Vanitaben and Anr. v. Ahmedabad Municipal Transport Service and Anr. (2000 ACJ 153), amount of compensation payable to the claimants, is computed thus; 1900x2 = 3800 (double of monthly salary); 3800+1900 = 5700 (add one month's salary); 5700/2 = 2850 (half of the above); deducting 1/3rd from 2850 comes to 1900; 1900 x 12 = 22800 (yearly income); 22800 x 17 = 387600 (multiplier as per schedule); 387600 + 20000 = 407600 (add Rs.2000/= under heads of pain, shock etc.)
Therefore, the total compensation comes to Rs.4,07,600/=. It is submitted that claimants have claimed Rs.3,50,000/=, therefore, they are not entitled to more amount. We do not agree with this submission, particularly when it has been decided in catena of decisions by Apex Court that claimants are entitled to just compensation against the tort feasers, and it is the duty of the Court to assess the same.