1.0 This appeal is directed against the judgment and award dated 06.04.2005, passed by the Motor Accident Claims Tribunal (Main.), Bhavnagar in application below Exh. I in M.A.C.P. No. 628 of 2002, whereby the Tribunal has awarded compensation in the sum of Rs.1,74,500/- to the claimant with interest at the rate of 9% from the date of filing of the petition till realization.
2.0 On 29.07.2002 at about 3.30 p.m, when Ritaben and her friend Alpa Maldebhai were going towards Mayuram Society for shopping and walking on the side of the road, the driver of Ambassador Car No. GFP 2285 came from Vanthali side and hit Ritaben causing her serious injuries. She was taken to the hospital and she died on 01.08.2002. The parents of the deceased therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid impugned award came to be passed. This appeal is for enhancement of compensation.
3.0 Heard learned advocates for the respective parties and perused the documents on record. The deceased was aged 20 years and therefore as per the Schedule the loss of dependency would be Rs.2,16, 000/- It is found that the learned Tribunal has committed error in applying multiplier in the present case, whereas the multiplier is not applicable in view of the decision of the Hon'ble Supreme Court in case of National Insurance Co. Ltd Vs. Gurumallamma and another reported in 2009(9) SCALE 764. Para 8 reads as under:
"8.
Multiplier stricto sensu is not applicable in the case of fatal accident. The multiplier would be applicable only in case of disability in non-fatal accidents as would appear from the Note 5 appended to the Second Schedule. Thus, even if the application of multiplier is ignored in the present case and the income of the deceased is taken to be Rs.3,300/- per month, the amount of compensation payable would be somewhat between 6,84,000/- to Rs.7,60,000/-. As the Second Schedule provides for a structured formula, the question of determination of payment of compensation by application of judicial mind which is otherwise necessary for a proceeding arising out of a claim petition filed under Section 166 would not arise. The Tribunals in a proceeding under Section 163A of the Act is required to determine the amount of compensation as specified in the Second Schedule. It is not required to apply the multiplier except in a case of injuries and disabilities.
4.0 The accident is of the year 2002 and therefore the compensation can be calculated on the basis of the Schedule. As per the Schedule and looking to the income and age of the deceased being 20 years, the just compensation would be Rs. 2 16, 000 + Rs. 54, 000= 2,70,000/-. Out of this amount one-third is required to be deducted, which would come to Rs.90000/-. After deducting this amount the net amount would be Rs.1,80,000/-. By adding funeral expenses and loss of estate i.e. Rs.4500/- the total amount would be Rs.1,84,500/-. The Tribunal has awarded a sum of Rs.1,74,500/-. Therefore, the claimant is entitled to additional Rs. 10000/- along with interest at the rate of 7.5% from the date of application. The award is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru* Top