1. This appeal has been preferred against the judgment and award dated 07.08.1995 passed by the Motor Accident Claims Tribunal [Main], Banaskantha at Palanpur in M.A.C.P. No.444/1984, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,33,000/ along with proportionate costs and interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 01.08.1984, while Nethibhai Rabari, who was serving as a labourer on the Tractor bearing registration no. GJF 6461, owned by one Maganbhai Kamabhai, was towed by another Tractor bearing registration no. GAE 6407, owned by respondent no. 2 and insured with respondent no. 3 at a particular place, on account of the rash and negligent driving of respondent no. 1, tractor bearing registration no. GJF 6461 turned turtle. As a result of which, Nethibhai who was sitting on the tractor bearing no. GJF 6461 sustained severe bodily injuries and died on the spot. The legal heirs of the deceased, appellants herein, filed the claim petition, which came to be partly allowed, by way of the impugned award. By way of this appeal, the appellants have claimed for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. So far as the liability of respondentInsurance Company is concerned, it is established that the use of the tractor in question was not for the agricultural purpose and the same was in breach of the terms and conditions of the policy and the permit issued by the A.R.T.O. and therefore, the respondentInsurance Company has rightly been exonerated from the liability.
4. So far as the quantum of compensation is concerned, the Tribunal has assessed the income of the deceased at Rs.900/ per month which is on the lower side and that the Tribunal has not assessed the prospective income of the deceased appropriately while calculating income under the above head.
5. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has not calculated the prospective income while calculating the amount of compensation. By adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the income would come to Rs.1350/ per month. The Tribunal has deducted 1/3rd amount towards personal expenses of the deceased. However, under unit basis, the deduction cannot be more than 2/7th, i.e. 28.57. Hence, an amount of Rs.385/, is required to be deducted, which comes to Rs.965/ per month and Rs.11,580/ annually. At the time of accident, the deceased was aged 25 years and therefore, the multiplier of 15 adopted by the Tribunal is just and appropriate. Accordingly, the total income under the head of loss of dependency would come to Rs.1,73,700/ [11,580 X 15]. However, the Tribunal has awarded only Rs.1,08,000/ under the said head. Hence, the claimants shall be entitled for additional amount of Rs.65,700/ under the head of loss of dependency. Therefore, the claimant shall be entitled for an additional amount of Rs.65,700/ and Rs.5,000/ towards funeral expenses, together with interest at the rate of 7.5% per annum instead of 15% as awarded by the Tribunal.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.65,700/ together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/