1. These appeals have been preferred against the common judgment and award dated 01.12.20101 passed by the Motor Accident Claims Tribunal [Aux.] FTC, at Anand in M.A.C.P. No. 221/2006 and in M.A.C.P. No. 222/2006, whereby both the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs.1,44,500/ and Rs.74,500/ respectively together with proportionate costs and interest @ 7.5% per annum from the date of the application till its realization.
2. The facts in brief are that on 13.09.2004, while Ghanshyambhai and Rakeshbhai were going on their Motor Cycle and when they reached near National Highway no.8, at that time, a Mobile Van bearing registration no. GJ23G0028, on account of rash and negligent driving dashed the motor cycle from the behind, as a result of which, both Ghanshyambhai and Rakeshbhai sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased therefore, filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal 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. 221/2006 and 222/2006 are concerned, it has been contended on behalf of appellants that in the application filed u/s.163A of the M.V. Act, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. In support of the said submission, reliance has been placed on the decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.
4. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra), the formula stipulated in the Second Schedule to Section 163A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163A of the Act, the amount of compensation is to be determined as per the formula specified in the Second Schedule.
5. Further, in the case of National Insurance Co. Ltd. v. Shyam Singh and others, AIR 2011 S.C. 3231, the Apex Court has held that age of parents is to be taken into consideration while deciding a claim petition filed u/s.163A of the said Act.
6. If we adopt the formula specified in the Second Schedule by considering the age of the mother of deceased at the time of accident, in M.A.C.P. No. 221/2006, the total compensation would come to Rs.2,30,000/. An amount equivalent to 1/3rd is required to be deducted from the said amount in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. Accordingly, the total amount under the head of loss of dependency would come to Rs.1,53,334/.
7. In M.A.C.P. No. 222/2006 is concerned, the total compensation would come to Rs.1,70,000/. An amount equivalent to 1/3rd is required to be deducted from the said amount in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. Accordingly, the total amount under the head of loss of dependency would come to Rs.1,13,334/.
8. The claimants are also entitled for additional amounts of Rs.2,000/ and Rs.2,500/ under the heads of funeral expenses and loss of estate respectively.
9. Thus, in M.A.C.P. No. 221/2006 the claimants shall be entitled for total compensation of Rs.1,57,834/. The Tribunal has awarded total compensation of Rs.1,44,500/. Hence, the appellants shall be entitled for additional amount of Rs.13,334/. In M.A.C.P. No. 222/2006, the claimants shall be entitled for total compensation of Rs.1,17,834/. The Tribunal has awarded total compensation of Rs.74,500/. Hence, the claimants shall be entitled for additional compensation of Rs.43,334/.
10. For the foregoing reasons, the appeals are partly allowed. The common impugned award passed by the Tribunal is modified to the extent that original claimants shall be entitled for additional compensation of Rs.13,334/ and Rs.43,334/ respectively along with interest @ 7.5% per annum and costs as awarded by the Tribunal. The impugned award stands modified to the above extent. The appeals stand disposed of accordingly.
[K.S. JHAVERI, J.]
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