1. Both these appeals arise out of the common judgment and award dated 13.08.1998 passed by the Motor Accident Claims Tribunal (Main), Rajkot in M.A.C.P. No.1311/1996 & 1442/1996 whereby, both the claim petitions were partly allowed and the claimants were awarded total compensation of Rs.4,37,000/- and 2,65,000/- respectively along with interest at the rate of 15% per annum from the date of application till its realization and proportionate costs.
2. The facts in brief are that on 14.10.1996. while the respondents original claimants were travelling in a S.T. bus bearing no. GJ-1-Z-2308, driven by respondent no. 1, at a particular place, on account of rash and negligent driving, the S.T. bus dashed with the stationary Truck, insured with respondent no.4-Insurance Company. In the said accident, the claimants sustained severe bodily injuries. Later on, the injured Bharatkumar Raghavjibhai Patel filed M.A.C.P. No.1311/1996 and Jignesh Jaysukhbhai Ghiya filed M.A.C.P. No.1442/1996 before the Tribunal claiming compensation of Rs.5.00 lacs respectively. Both the claim petitions were disposed of by the common impugned award. Being aggrieved by the same, the appellant-Corporation have preferred these appeals.
First Appeal No. 6427/1998 :-
3. Heard learned counsel for the appellant. In this appeal, it has been submitted on behalf of the appellant - Corporation that the amount awarded by the Tribunal under different heads is on the higher side. It is submitted that interest at the rate of 12% per annum awarded by the Tribunal is on the higher side and that the same deserves to be reduced.
4. However, having gone through the impugned award, I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to interfere with the same.
5. So far as the interest is concerned, considering the facts of the case and in view of the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, (2009) 6 S.C.C. 121, interest at the rate of 15% per annum is on the higher side. In my opinion, if interest at the rate of 12% per annum is awarded, the same would meet with the ends of justice.
First Appeal No. 6429/1998 :-
6. In this appeal, it has been mainly contended on behalf of the appellant-Corporation that though no evidence was produced on record to prove income of the claimant, the Tribunal erred in assessing the monthly income at Rs.6,000/-. It has been further contended that the amount awarded under the head of actual loss of income is also on the higher side It is, therefore, submitted that the compensation awarded by the Tribunal deserves to be reduced.
7. Learned counsel for the respondents supported the impugned award and submitted that the compensation awarded is just and appropriate and hence, this Court may not entertain this appeal.
8. Heard learned counsel for the respective parties. The Tribunal assessed the monthly income of the claimant at Rs.6,000/- on the basis that at the time of accident, the appellant was serving in a Private firm and was getting stipend of Rs.3,000/-. Considering the facts of the case, the Tribunal ought to have assessed the monthly income of the claimant at Rs.3,000/-. Thus, by assessing the monthly income at Rs,3000/- and 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.4500/- per month and 15% disability would come to Rs.675/- per month and Rs.8,100/- annually. If we adopt the multiplier of 18, the total future loss of income would come to Rs.1,45,800/-.
9. So far as actual loss of income is concerned, on the basis of monthly income at Rs.3,000/-, the claimant shall be entitled for Rs.15,000/- under the head of actual loss of income. Thus, in all, the claimants shall be entitled for total compensation of Rs.2,00,800/- as against Rs.2,65,000/- awarded by the Tribunal. Hence, the excess amount of Rs.64,200/- is required to be refunded to the appellant-Corporation.
10. For the foregoing reasons, the First Appeal No. 6429 of 1998 is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the respondents, original claimants, shall be entitled for total compensation of Rs.2,00,800/-, as against Rs.2,65,000/-, along with interest @ 12% per annum from the date of the application and cost, as awarded by the Tribunal. The impugned award stands modified to the above extent. The excess amount of Rs.64,200/- shall be refunded to the appellant-Corporation along with 3% interest.
11. So far as First Appeal No. 6427/1998 is concerned, the same stands modified to the extent of interest only and the original claimants shall be entitled for interest at the rate of 12% per annum on the amount of compensation as against 15% awarded by the Tribunal. The rest of the impugned award remains unaltered and is confirmed. The excess amount along hall paid to the appellant Insurance Company. The appeals stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top