1. By way of this appeal, the appellant-Corporation has challenged the judgment and award dated 24.12.1998 passed by the Motor Accident Claims Tribunal(Aux.), Amreli in Motor Accident Claims Petition No.119 of 1994, whereby the Tribunal has awarded Rs.1,18,000/- to original claimants with running interest at the rate of 15% p.a. from the date of the application till its realization.
2. The facts of the case is that on 30.12.1991, the deceased was standing on the platform of Bagasara bus depot and was waiting for the bus. At that time, one ST bus, driven by original opponent No.1 was reversed in full speed and therefore, the deceased was crushed under the left side wheel of the ST bus. As a result, the deceased sustained grievous injuries and succumbed to death. Therefore, the original applicant filed claim petition before the Motor Accident Claims Tribunal for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred. The original claimants have filed the cross objection being Cross Objection No.45 of 2010.
4. Learned counsel for the appellant has contended that the Tribunal has erred in not holding contributory negligence of the deceased. He has further contended that the interest at the rate of 15% is on higher side.
5. Learned counsel for the respondent has submitted that the Tribunal has erred in assessing monthly income at Rs.900/-. He has further contended that the Tribunal ought to have deducted ¼ amount towards personal expenses of the deceased, considering the fact that original applicants are the husband and 4 minor children.
6. Heard learned counsel for the parties and perused the record.
7. So far as the issue of negligence is concerned, the Tribunal, after relying upon the FIR at Exh.31, Panchanama at Exh.38 and oral evidence of eye-witness Samjubhai Kurjibhai Padhra at Exh.39, rightly held original opponent No.1 solely liable for the accident.
8. So far as the issue of quantum is concerned, it was the case of the claimants that the deceased was earning Rs.1,500/- per month by doing needlework, but, the Tribunal has assessed the monthly income of the deceased at Rs.900/-, which in my view is on lower side. The Tribunal ought to have considered monthly income of the deceased at Rs.1,500/-. The Tribunal has deducted 1/3rd amount towards personal expenses, but, considering the ratio laid down by Apex Court in case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121, the Tribunal ought to have deducted 1/4th amount towards personal expenses. Hence, the monthly dependency comes to Rs.1,125/- and accordingly, annual dependency comes to Rs.13,500/-. The deceased was aged about 32 years, therefore, considering the ratio laid down in Sarla Verma's (Supra) case, the multiplier of 16 ought to have been adopted. Therefore, the original claimants are entitled for Rs.2,16,000/- towards total amount of dependency.
9. Further, the original claimants are entitled for Rs.10,000/- towards loss to estate, Rs.10,000/- towards consortium and Rs.5,000/- towards the funeral expenses. Hence, in all original claimants are entitled to Rs.2,41,000/- [Rs.2,16,000/- + Rs.10,000/- + Rs.10,000/- + Rs.5,000/-].
The Tribunal has already awarded Rs.1,18,000/-, therefore, the original claimants would be entitled for Rs.1,23,000/-, but, as the cross objection is restricted to Rs.75,000/-, they are entitled to an additional amount of Rs.75,000/- along with 7.5% interest p.a.
10. Further, the Tribunal has awarded the interest at the rate of 15% p.a. I am of the opinion that the 15% interest awarded by the tribunal is on higher side. The tribunal ought to have awarded 12% interest instead of 15%. Therefore, the interest is reduced from 15% to 12%.
11. In that view of the matter, the original claimants are entitled to an additional amount of Rs.75,000/- with interest at the rate of 7.5% per annum, from the date of application till realization. The interest is reduced from 15% to 12% p.a. Rest of the award stands unaltered.
12. The appeal is partly allowed. Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]