1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Kutch in Motor Accident Claims Petition No.118 of 1988, whereby the Tribunal has awarded Rs.4,28,000/- to original claimant with running interest at the rate of 15% p.a. from the date of the application till its realization.
2. The facts of the case is that on 18.11.1987, deceased Kishorbhai Doshi was travelling in rickshaw bearing registration No.GTY-7609, which was driven by original opponent No.4. At that time, original opponent No.1 came from opposite side by driving motor car bearing registration No.GRB-6557 negligently and dashed with the rickshaw. As a result, the appellant sustained several injuries and died subsequently. Therefore, the appellant filed claim petition being Motor Accident Claims Petition No.118 of 1988 before the Motor Accident Claims Tribunal, Kutch for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in adopting the multiplier of 20. The Tribunal ought to have adopted the multiplier of 13, considering the fact that age of the deceased was 32 years at the time of accident. He has further submitted that the Tribunal has grossly erred in awarding the interest at the rate of 15%.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. The Tribunal, after relying on the oral evidence of the mother of the deceased and also after considering other evidence on record, rightly held monthly income of the deceased at Rs.2,400/-. The Tribunal was also justified in deducting 1/3rd amount towards personal expenses and accordingly assessing monthly dependency at Rs.1,600/-, but, the Tribunal has erred in adopting the multiplier of 20. The Tribunal ought to have adopted the multiplier of 13, considering the fact that the deceased was aged about 32 years at the time of accident. Hence, the total amount of dependency would come to Rs.2,49,600/- [Rs.1,600/- x 12 x 13]. Further, the original claimants are entitled for Rs.20,000/- under the head of loss of estate and Rs.5,000/- towards funeral expenses. Therefore, in all the original claimants are entitled for Rs.2,74,600/- [Rs.2,49,600 (dependency) + Rs.20,000/- (loss of estate) + Rs.5,000/- (funeral expenses)], instead of Rs.4,28,000/-, which is awarded by the Tribunal.
8. In my view, interest at the rate of 15% is on higher side and therefore, 15% interest is reduced to 12%.
9. In the premises, the balance amount of Rs.1,53,400/- [Rs.4,28,000/- - Rs.2,74,600/-] will be paid back along with the interest, cost, if any to the appellant-Insurance Company. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded with interest, cost, if any. The appeal is allowed to the aforesaid extent. No order as to costs.
..mitesh..
[K.S.JHAVERI, J.]