1.0 This appeal is directed against the judgement and award dated 30.05.2000 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhavnagar in Motor Accident Claims Petition No.588 of 1996 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 6,00,000/ along with interest at the rate of 12% from the date of application.
2.0 On 18.08.1996 Premjibhai Chanabhai was going towards Malanka on his cycle by taking vegetables. At that time an S.T. Bus bearing No.
G.J. 1/Z 4871 came from the opposite direction and dashed with the cycle of Premjibhai. As a result of this he sustained injuries and succumbed to the same. The legal heirs of the deceased, therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal has committed error in taking the prospective income of the deceased at Rs.6000/. According to him the income ought to have been considered at Rs.2200/. By doubling and taking average, the amount would come to Rs. 3300/. The deceased was more than 40 years old and therefore there would be addition of 30% in view of decision of the Hon'ble Supreme Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. 30% of Rs. 3300/ would come Rs. 990/. Therefore, the amount would come to Rs. 4290/ ( Rs. 3300/ + 990/). Having considered number of dependent family members of 6, 1/4th is required to be deducted towards personal and living expenses. 1/4th of Rs. 4290/ would come to Rs. 1072.5. Therefore, there is deduction of Rs. 1072.5. Thus, the amount would come to Rs. 3217.5 and round figure would come Rs. 3220/. Therefore, the dependency loss would come to Rs.3220/ per month and Rs.38640/ per year. Looking to the age of the deceased, the multiplier of 14 will be applied. By applying multiplier of 14 years, the future loss of income could come to Rs. 540960/ ( Rs. 38640/ x 14). He therefore submitted that the compensation should have been awarded accordingly.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the respective parties and perused the documents on record.
7.0 As far as income is concerned, it is found that the deceased was doing labour work and was earning Rs. 4500/ per month. However, in absence of any documentary evidence, the learned Tribunal committed error in assessing the income of Rs. 4000/ per month. Therefore, the income of the deceased should be assessed at Rs. 3300/ per month. The deceased was aged more than 40 years and therefore 30% increase can be considered in view of decision of Sarla Verma ( supra).
30% of Rs. 3300 would come Rs. 990/. Therefore, the amount would come to Rs.4290/ ( Rs. 3300/ + 990/). Having considered number of dependent family members of 6, 1/4th is required to be deducted towards personal and living expenses. 1/4th of Rs. 4290/ would come to Rs.1072.5. Therefore, there is deduction of Rs. 1072.5. Hence, the amount would come to Rs. 3217.5 and round figure would come Rs.3220/. Therefore, the dependency loss would come to Rs.3220/ per month and Rs. 38640/ per year. Looking to the age of the deceased, the multiplier of 14 will be applied. By applying multiplier of 14 years, the future loss of income would come to Rs. 540960/ ( Rs. 38640/ x 14).
8.0 Further, the claimant is entitled to Rs. 10,000/ towards loss of estate, Rs. 5000/ towards funeral expenses and Rs. 10,000/ for loss of consortium.
9.0 In the premises aforesaid, it s held that the appellant is liable to make payment of compensation in sum of Rs. 5,65,960/ ( Rs. 540960/ towards future loss of income + Rs. 10,000/ loss to the estate + Rs. 5000/ for funeral expenses + Rs. 10000/ towards loss of consortium). However, the learned Tribunal has awarded a compensation of Rs. 6,00,000/. Therefore, an excess amount of Rs. 34,040/ ( Rs. 600000/ Rs. 565960/) shall be refunded to the appellants together with proportionate costs and interest. The award of the learned Tribunal is modified accordingly. Appeal is partly allowed. No order as to costs.
(K.S.JHAVERI, J.) niru*