1. By way of this appeal, the appellant-original opponent No.2 has challenged the judgment and award dated 28.07.2009, passed by the Motor Accident Claims Tribunal(Main), Surat, in MACP No. 376 of 2008, whereby the tribunal has awarded compensation in the sum of Rs. 4,12,500/- to the claimants with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 13.07.2008 deceased Hiteshbhai was going on his motorcycle No.GJ-5-FA-8076 and at that time, original opponent No.1-driver of the motorcycle No.GJ-5-FC-1380 came by driving the said motorcycle on the wrong side and dashed with the motorcycle of the deceased. Therefore, legal heirs filed claim petition before the Motor Accident Claims Tribunal(Main), Surat for compensation.
3. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the present appellant-Insurance Company.
4. Learned counsel for the appellant has submitted that the tribunal has not properly considered the evidence produced on record. He further submitted that admittedly the widow of the deceased has remarried and hence had ceased to be a dependent of the deceased. He has further submitted that claimants are parents and therefore, their age is required to be considered for assessing compensation.
5. Learned advocate for the respondents has supported the judgment and award passed by the Tribunal and submitted that no interference is called for.
6. I have heard learned counsel appearing for the parties and perused the record as well as the judgment and award of the tribunal under Section 163-A of the Motor Vehicles Act. I am of the view that the Tribunal has rightly assessed the annual income of the deceased at Rs.36,000/-. It is an admitted fact that claimant No.1-widow of the deceased had remarried within a period of one year from the date of accident and other claimants are the parents of the deceased. Hence, as per the ratio laid down by Apex Court in case of Ramesh Singh & another Vs. Satbir Singh & another reported in 2008 ACJ 814, age of the parents is required to be considered for assessing compensation. Therefore, as per second schedule of the Motor Vehicles Act in the column of income of Rs.36,000/- against the age group of 45-50, the compensation towards dependency comes to Rs.4,32,000/-. Towards personal expenses of the deceased, 1/3 amount is required to be deducted, therefore, the parents of the deceased- original applicants are entitled for Rs.2,88,000/- for the total amount of dependency.
Further, the parents-original claimant Nos.2 and 3 are entitled for Rs.2,000/- under the head of funeral expenses and Rs.2,500/- under the head of loss to estate.
7. It is disputed by the learned advocate for the appellant that claimant No.1-widow of the deceased cannot be considered as dependent as she had married within a year of the accident. She had admittedly remarried within a year of accident, but, she is entitled for Rs.25,500/- under the head of loss of consortium as she was aged about 25 years at the time of accident. Hence, the applicants are entitled for total compensation of Rs.3,18,000/- [Rs.2,88,000/- (dependency) + Rs.2,000/- (funeral expenses)+ Rs.2,500/- (loss to estate) + Rs.25,500/- (loss of consortium to the widow)]. It is clarified that parents of the deceased-original claimant Nos.2 and 3 are entitled for Rs.2,92,500/- and original claimant No.1-widow of the deceased is entitled for Rs.25,500/-.
8. The Tribunal has awarded Rs.4,12,500/- and as discussed above, original applicants are entitled for Rs.3,18,000/-, therefore, excess amount of Rs.94,500/- will be refunded back to the appellant-Insurance Company with interest and cost, if any.
9. In that view of the matter, the appeal is partly allowed. The judgment and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly.
[K.S.JHAVERI,J.]
..mitesh..