1. In connection with the vehicular accident that occurred on 07.01.2000 on the Rajkot – Jamnagar Higway, involving two vehicles, viz. a motor-cycle bearing registration No. GJ-10-C-4700 and a Dumper bearing registration No. GJ-10-U-5508 and in which Bhupatbhai Gokalbhai Ramani expired, the legal heirs preferred a claim petition being M.A.C.P. No.155/2000 before the Motor Accident Claims Tribunal, Rajkot claiming total compensation of Rs.10.00 Lacs. The said claim petition came to be disposed of along with other claim petitions by common judgment and award dated 24.09.2002 whereby, the claim petition was partly allowed and the appellants, original claimants, were awarded total compensation of Rs.2,27,000/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. Being dissatisfied with the amount of compensation, the appellants have preferred the present appeal for enhancement.
3. The main grounds under which the appellants have prayed for enhancement is that the Tribunal has erred in not taking into consideration the prospective income of the deceased. It has been contended that the Tribunal has also erred in deducting 1/3rd amount instead of 1/4th while calculating amount under the head of loss of dependency benefit. For this purpose, reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121. It is, therefore, submitted that the amount under the above head deserves to be enhanced.
4. Per contra, it has been contended on behalf of respondent-Insurance Company that the amount awarded under the head of dependency benefit is just and appropriate. It has been submitted that the amount awarded under the head of pain, shock and suffering is excessive and contrary to the law on the subject. Hence, the amount awarded under the said head deserves to be reduced.
5. Heard learned counsel for the respective parties. Though served, none appears on behalf of respondents no.1 & 2. It appears from the record that no documentary evidence was produced before the Tribunal to prove income of the deceased. However, considering the fact that the deceased was working in a Kiln and was aged around 32 years at the time of accident, the Tribunal assessed his monthly income at Rs.1,500/-. But, I find that the Tribunal has not taken into consideration the prospective income of the deceased while computing the amount under the head of loss of dependency benefit. If we adopt the principle rendered by the Apex Court in the case of Sarla Dixit v. Balwant Yadav and Another, 1996 (3) SCC 179, then the prospective monthly income of the deceased would come to Rs.2,250/-. The Tribunal has also erred in deducting 1/3rd amount towards personal expenses. A deduction of ¼th is required to be made in view of the principle rendered in Sarla Verma's case (supra). Thus, the monthly loss of dependency would come to Rs.1687.50 and annual loss of dependency at Rs.20,250/-. The multiplier of 16 adopted by the Tribunal is legal and appropriate and hence, by adopting the said multiplier, the total amount under the head of loss of dependency would come to Rs.3,24,000/-. The Tribunal has awarded Rs.1,92,000/- under the said head. Hence, the appellants shall be entitled for additional amount of Rs.1,32,000/- under the head of loss of dependency.
6. So far as the amount awarded under the head of pain, shock and suffering is concerned, I find the same to be on the higher side and also contrary to the recent law on the subject. In my opinion, under the said head, the appellants shall be entitled for Rs.10,000/- only as against Rs.30,000/- awarded by the Tribunal. So far as other heads are concerned, the appellants shall be entitled to get Rs.10,000/- under the head of loss of estate. Thus, in all, the appellants shall be entitled to get additional compensation of Rs.1,22,000/-.
7. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.1,22,000/- [Rupees One lac twenty two thousand only] along with interest at the rate of 7.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*