By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and award dated 31st March 2005 passed by the Motor Accident Claims Tribunal, Bharuch in MAC Petition No.502 of 1998 whereby the claim petition has been allowed partly. 2 The brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 1st April 1998 while deceased Alpesh was coming home on Sunny moped as a pillion rider, the said moped was given a dash by the offending jeep which came in a wrong direction. It is the case of the claimants that because of the said impact, deceased Alpesh received serious injuries and he was removed to Civil Hospital, Bharuch for treatment. However, he was shifted to Bharuch Welfare Hospital where he succumbed to the injuries.
3 The appellants being the heirs and legal representatives of the deceased filed aforesaid MAC Petition No.502 of 1998 claiming compensation of Rs.5 lakhs from the respondents herein.
4 The Tribunal has considered the income of Rs.3000 per month and Rs.36000 per annum and after deducting 2/3rd income therefrom, assessed Rs.12,000 per annum as future economic loss. Considering the age of the deceased, the Tribunal adopted the multiplier of 17 and awarded Rs.204,000 towards future economic loss. Over and above, the Tribunal awarded Rs.10,000 under the head of Pain, Shock and Suffering, Rs.2,500 towards funeral charges and Rs.10,000 towards loss to estate. Thus, in all Rs.226,500 was awarded by the Tribunal along with interest at the rate of 9% per annum.
5 Ms NN Shaikh, learned counsel for Mr Kashyap Joshi, learned counsel for the appellants – original claimants has submitted that the Tribunal has committed an error in deducting 2/3rd amount towards personal expenses of the deceased and it should not be more than 50% in view of the settled position of law. She further considered that the multiplier of 17 is on lower side.
6 Learned counsel for the respondent has supported the judgment and award of the Tribunal and submitted that the award may not be interfered.
7 Having heard the learned counsel for the parties and having perused the record, I am of the opinion that the Tribunal has committed an error in deducting 2/3rd amount from the income of the deceased towards his personal expenses. The Tribunal ought to have deducted Rs.1500 towards personal expenses. Therefore, the claimants are entitled to get Rs.1500 per month as future economic loss and Rs.18,000 per annum. In view of the decision of the Apex Court in the case of National Insurance Co. Ltd. v. Shyam Singh & Ors. reported in AIR 2011 SC 3231 mother’s age should be considered for considering the multiplier. In the present case, mother’s age is 40 years and therefore the multiplier should be 15. Therefore, the claimants are entitled to get Rs.2,70,000 under the head of future economic loss. Over and above, the claimants are entitled to Rs.10,000 towards Pain, Shock and Suffering, Rs.10,000 towards loss to estate and Rs.5,000/- towards funeral charges. Thus, in all, the claimants are entitled to get Rs.2,95,000/-. As against that, the Tribunal has awarded Rs.2,26,500/-. Therefore, the claimants are entitled to get additional amount of compensation of Rs.68,500 along with interest at the rate of 7 ½ % per annum from the date of application till realisation.
Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd