By way of filing these appeals under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and award dated 20th April 2007 passed by the Motor Accident Claims Tribunal (Aux.) at Limbdi in MAC Petition No.885 of 1999 and 70 of 1999 whereby the claim petitions have been allowed partly. 2 The brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 4th September 1999 the deceased along with others were travelling in Ambassadar Car bearing No.GJ4-D-5253 went on pilgrimage to Zalalshah Pir Dargah at Rajkot and were returning back to Ahmedabad and when the said car reached near Chotila, at that time, the offending vehicle viz. ST Bus came at an excessive speed and in a rash and negligent manner and dashed with the Ambassador car due to which deceased – Gulamhussein Bhaijibhai Qureshi sustained serious injuries and died while other passengers received serious injuries. Therefore, his heirs have filed MAC Petition No.885 of 1999 while other co-passenger, Amirbibi filed MAC Petition No.70 of 1999 claiming compensation for the injuries sustained by her.
3 In MAC Petition No.885 of 1999 the Tribunal considered the income of deceased at Rs.2100 per month and deducted 1/3rd therefrom towards his personal expenses and thereby assessed loss of dependency at Rs.1400 per month and Rs.16,800 per annum. Looking to the age of the deceased, the Tribunal applied multiplier of 5 and awarded Rs.84,000 under the head of loss of dependency. The Tribunal has also awarded Rs.25,000 under the head of conventional amount and Rs.3,000 towards funeral charges. Thus, in all Rs.1,12,000 was awarded.
4 In MAC Petition No.70 of 1999 the income of the injured was assessed at Rs.1500 per month and as the injured sustained permanent partial disability to the extent of 35% whole body, the Tribunal has considered the monthly loss of income at Rs.525 and Rs.6300 per annum. Looking to the age of the injured, the Tribunal applied multiplier of 5 and assessed Rs.31,500 to be the future economic loss. Over and above, the Tribunal awarded Rs.18,000 under the head of actual loss of income, Rs.25,000 towards Pain, Shock and Suffering, Rs.64,600 towards medicines and Rs.20,000 under the head of special diet, transportation, attendant charges. Thus, in all Rs.1,59,100 was awarded.
5 Looking to the age of the injured, the Tribunal ought to have adopted the multiplier of 7 and therefore the claimant is entitled to Rs.44100 under the head of future economic loss. Thus, she is entitled to get additional amount of Rs.12,600 under this head. However, as the Ambassador Car is held to be negligent to the extent of 35%, the claimant is entitled to additional amount of compensation of Rs.4410 along with interest at the rate of 7.5% per annum from the date of application till realisation.
6 Having heard the learned counsel for the parties and having perused the record, I am of the opinion that the Tribunal has considered the evidence properly and awarded the aforesaid amount in MAC Petition No.885 of 1999 and no case is made out for interfering with the same. However, the claimant of MAC Petition No.70 of 1999 is entitled to additional amount of Rs.4410 with interest at the rate of 7.5% from the date of application till realisation. Both the appeals are disposed of with no order as to costs.
(K.S.Jhaveri, J.) *mohd