1. These appeals are preferred against the common judgment and award dated 19.05.1999 passed by the Motor Accident Claims Tribunal [Aux.] Himatnagar in M.A.C.P. No. 1000/1990 and 7/1991, whereby the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs.1,02,500/ in M.A.C.P. No. 1000/1990 and an amount of Rs.30,350/ in M.A.C.P. No. 7/1991 along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 17.02.1990 at around 1000 hours while Rugabhai and his son Rameshbhai were proceeding towards Limbhoi along with their hand cart of fruits, at a particular place, the driver of the truck bearing no. GTJ 5403, in a rash and negligent manner had dashed with the cart. As a result of which, Rugabhai sustained severe bodily injuries and his son Rameshbhai died on the spot. The legal heirs of Rameshbhai had filed claim petition being M.A.C.P. No. 1000/1990 and Rugabhai had filed separate claim petition being M.A.C.P. No. 7/1991, which came to be partly allowed, by way of the impugned award. The appellants have filed the present appeals for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. So far as M.A.C.P. No. 7/1991 is concerned the main ground under which the appellants had prayed for enhancement of the amount of compensation is that though the Tribunal has believed the monthly income at Rs.1500/ and the disability at 5% for the body as a whole, it has not proper considered the future loss of income while calculating the amount of compensation. He further contended that the Tribunal has erred in deducting 1/3rd amount towards personal expenses of the deceased.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellants since the Tribunal has not properly calculated income under the head of future loss while calculating the amount of compensation. The income of the deceased was Rs.1500/ per month and 5% disability of the said amount comes to Rs.75/ and the future loss of income would come to Rs.225/ per month. The total number of dependents are 2 and therefore, the Tribunal ought to have deducted 1/2nd amount towards personal expenses in view of the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122. In view of the above, the loss of future income would come to Rs.112/ per month [1500 x 1/2] and Rs.1344/ annually. So far as the multiplier is concerned, multiplier of 15 adopted by the Tribunal is just and proper. Hence, the total loss of income would come to (1344 X 15) Rs.20,160/. But, the Tribunal has awarded only Rs.10,800/ under the said head. Therefore, the claimant shall be entitled for an additional amount of Rs.9,360/ together with interest at the rate of 7.5% per annum instead of 12% as awarded by the Tribunal.
5. So far as M.A.C.P. No. 1000/1990 is concerned, while calculating the loss of dependency, I find that the Tribunal has erred in deducting 2/3rd amount towards personal expenses of the deceased. The total number of dependents are 2 and therefore, the Tribunal ought to have deducted 1/2nd amount towards personal expenses in view of the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors.
v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122. In view of the above, the loss of dependency would come to Rs750/ per month [1500 x 1/2] and Rs.9,000/ annually. So far as the multiplier is concerned, multiplier of 15 adopted by the Tribunal is just and proper. Hence, the total loss of income would come to Rs.1,35,000/ [9,000 x 15]. However, the Tribunal has awarded Rs.90,000/ under the head of loss of dependency, Therefore, the claimants shall be entitled for an additional amount of Rs.45,000/ together with interest at the rate of 7.5% per annum instead of 12% as awarded by the Tribunal.
6. In view of the above, the appeals are allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that in M.A.C.P. No. 7 of 1991 the original claimants shall be entitled for additional compensation of Rs.9,360/ along with interest @ 12% per annum from the date of the application till its realization and in M.A.C.P. No. 1000 of 1990, the claimants shall be entitled for additional compensation of Rs.45,000/ along with interest @ 12% per annum from the date of the application till its realization.
7. The appeals stand disposed of accordingly with the aforesaid modification.
[K.S. JHAVERI, J.]
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