1. The appellants herein have challenged the award dated 25.1.2008 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 550 & 551 of 1995 so far as the Tribunal awarded Rs. 42,900/- & Rs. 68,740/- respectively as compensation with interest and costs.
2. It is the case of the appellants that on 26.12.1994 while the appellants were travelling in a car bearing registration no. GJ-4-9832 which was driven by appellant of Motor Accident Claims Petition No. 551 of 1995, a mini bus bearing registration no. GJ-3-T-9493 being driven by the original opponent no. 1 in a rash and negligent manner, dashed with the car as result of which both of them sustained injuries. They therefore filed claim petitions seeking compensation. The Tribunal after hearing the parties passed the aforesaid award.
Mr.
Sandip Shah, learned advocate appearing for the appellants submitted that the Tribunal has wrongly assessed the multiplier considering the age of the appellants. He has relied upon a decision of the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121.
4. Learned advocate appearing for the respondents supported the award of the Tribunal and submitted that the same does not call for any interference by this Court.
5. This Court heard the contentions advanced by the parties and perused the papers on record. The Tribunal has gone through the documentary evidence on record and has come to the conclusion that the accident in question happened due to the negligence of the original opponent no. 1 to the extent of 70% and the applicant of Motor Accident Claims Petition No. 551 of 1995 to the extent of 30%. No interference is called for regarding the same.
6. As far as the aspect of quantum of compensation is concerned, it is clear that the Tribunal has considered the evidence on record. The Tribunal has considered the prospective income of the appellant of Motor Accident Claims Petition No. 550 of 1995 as Rs. 1500/- per month and that of applicant of Motor Accident Claims Petition No. 551 of 1995 as Rs. 2000/- which is just and proper.
6.1 In the case of Sarla Verma & Ors (supra) it is held as under:
"The multiplier to be used should be as mentioned in column (4) of the Table (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years."
6.2 As per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the applicant of Motor Accident Claims Petition No. 550 of 1995, the multiplier of 15 awarded in the present case is on lower side. The just and proper multiplier would be 17. The income assessed is just and proper. Therefore the future loss of dependency would come to Rs. 21420/- (Rs.1260 x 17). The Tribunal has already awarded Rs. 18,900/- under the said head and therefore an additional amount of Rs. 2520/- is required to be awarded under head of dependency loss in Motor Accident Claims Petition No. 550 of 1995.
6.3 Similarly, as per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the applicant of Motor Accident Claims Petition No. 551 of 1995, the multiplier of 15 awarded in the present case is on lower side. The just and proper multiplier would be 16. The income assessed is just and proper. Therefore the future loss of dependency would come to Rs. 65280/- (Rs.4080 x 16). The Tribunal has already awarded Rs. 61200/- under the said head and therefore an additional amount of Rs. 4080/- is required to be awarded under head of dependency loss in Motor Accident Claims Petition No. 551 of 1995.
7. Accordingly, appeals are partly allowed. The appellants of First Appeal No. 5531 of 2008 shall be entitled to an additional amount of Rs. 2520/- alongwith interest at 7.5% from the date of application till realisation whereas the appellants of First Appeal No. 5530 of 2008 shall be entitled to an additional amount of Rs. 4080/- alongwith interest at 7.5% from the date of application till realisation . The award of the Tribunal is modified accordingly.
(K.S.
JHAVERI, J.) Divya// Top