By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – original claimant has challenged the judgment and order dated 27th February, 1998 passed by the learned Motor Accident Claims Tribunal No.III (Aux.), Ahmedabad in MAC Petition No.397 of 1991 whereby the Tribunal has awarded Rs.1,74,300/- to the claimants as against their claim of Rs.3,25,700. 2 The short facts of the present appeal are that on 29/09/1990 at about 7:45 p.m., the appellant was going on his scooter bearing Registration No.GTS-1042 from Odhav Bus Stand to Chali of Chhotalal and the appellant was driving the scooter and his friend Somaji Koadarji was a pillion rider. As per the appellant, he was driving his scooter on correct side of the road at a moderate speed and when he reached near dispensary of Dr.ARvind Shah, the driver of opponent No.2 was driving ST Bus, bearing Registration No.GRV 1972 by his rash and negligent manner and in flagrant violation of traffic rules dashed with ST Bus with his scooter and therefore he fell down from scooter and sustained grevious injuries in the said mishap. Initially, deceased filed claim petition claiming for compensation of Rs.5 lac. The tribunal considering that even an ordinary agricultural labourer can easily earns Rs.20 per day fixed the monthly income at Rs.500 per month.
3. The Tribunal having considered the submissions, has granted amount of compensation as under:
Thus, in all, he awarded Rs.2,49,000/- to the claimants.
4. Learned Advocate for the appellant has submitted that in view of the decision rendered by this Hon'ble Court in First Appeal No.2071 of 2005 on 23/12/2011 and looking to the age of the deceased, amount under the head of future loss of income requires to be increased.
5. Learned Advocate for the appellant has submitted that when the earning capacity of the appellant is increased at Rs.1,700/- per month and he had suffered 95% permanent disability (body as a whole) the reduction in earning capacity can be estimated at Rs.1,615/- and Rs.19,380/- annually.
6. Heard learned Advocates appearing for the respective parties.
7. As per the decision of the Supreme Court in the case of Sarla Dixit V. Balwant Yadav reported in (1996) 3 SCC 179, the average gross future monthly income could be arrived at by addition 30% of the actual gross income at the time of accident viz., Rs.1615+485 (30%). Thus, the average gross monthly income spread over his entire future career, had it been available, would work out to Rs.2,100/-. It is this figure which would be the datum figure per month which, on annual basis, would work out to Rs.25,200/-.Therefore, said figure would be the proper multiplicand which would be available for capitalization for computing the future economic loss suffered by the claimants on account of untimely death of the bread winner. As the age of the deceased was 40 years at the time of his death the proper multiplier in light of the decision of the Smt. Sarla Verma V. Delihi Transport Corporation reported in (2009) 6 SCC 121, would be 15. If Rs.25,200/- is multiplied by 15, it will work out to Rs.3,78,000/- As against this, the Tribunal awarded only Rs.1,93,800/- towards future economic loss. Thus, the claimants are entitled to additional amount of Rs.1,84,200/- under this head.
8. Further, in view of the decision rendered by this Hon'ble High court in First Appeal No.2071 of 2005 dated 23/12/2011, the claimants are entitled to additional amount of Rs.1,30,000/- under the head of the pain, shock and suffering.
9. Thus, in all the appellants are entitled to get additional amount of Rs.1,30,000/- (under the head of pain, shock and suffering) + Rs.1,84,200/- (under the head of future economic loss) which comes to Rs.3,14,200/- and if 30% of which is deducted towards the contributory negligence which comes to Rs.94,260/- and after deducting the same the appellants are entitled to additional amount of Rs.2,19,940/- along with interest at the rate of 7½ % per annum from the date of application till the date of realisation.
10. In view of the aforesaid discussion, the judgment and order dated 27th February, 1998 passed by the learned Motor Accident Claims Tribunal No.III (Aux.), Ahmedabad in MAC Petition No.397 of 1991 whereby the Tribunal has awarded Rs.1,74,300/- is modified and the claimants are now entitled to additional amount of Rs.2,19,940/-. Thus, the claimants are entitled to get additional amount of Rs.2,19,940/-along with interest at the rate of 7½ % per annum from the date of application till the date of realisation. Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) sompura