By way of filing this appeals under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and award dated 19th August 2004 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in MAC Petition No.1091 of 1991 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 6th April 1991 deceased Jivabhai Bharwad was travelling on motorcycle bearing No.GJ.17.7679 belonging to one Ramanbhai Somabhai Raval for going to Dhanitra from Godhra. When said motorcycle reached near Shamli village, the same was hit by ST Bus bearing No.GRU 6512 due to which both the riders on motorcycle died on the spot. Therefore, heirs of Jivabhai Bharwad have filed MAC Petition No.1091 of 1991 claiming compensation of Rs.8 lakhs.
3 The Tribunal considered the income of deceased at Rs.3000 per month and added 50% thereof as future economic prospects and thereby assessed the same at Rs.4500 per month. The Tribunal thereafter deducted 1/3rd therefrom towards personal expenses of the deceased and thereby assessed loss of dependency at Rs.3000 per month and Rs.36,000 per annum. Looking to the age of the deceased, the Tribunal applied multiplier of 17 and awarded Rs.612,000 under the head of loss of dependency. The Tribunal has also awarded Rs.20,000 under the head of conventional amount and Rs.2,000 towards funeral charges. Thus, in all Rs.6,34,000 along with interest at the rate of 9% was awarded. The Tribunal however directed the insurance company to pay interest with effect from 1st August 2000 as the insurance company was joined only in the month of August 2000.
4 Learned counsel for the appellant submitted that the Tribunal has committed an error in deducted 1/3rd amount towards personal expenses and it should be 1/4th in view of the decision of the Apex Court in the case of Smt. Sarla Verma v. Delhi Transport Corporation, (2009) 4 SCC 121. He has also submitted that the Tribunal committed error in not awarding the interest from the date of application and only from 1st August 2000.
5 As far as deduction of 1/4th amount towards personal expenses of the deceased is concerned, I am agreeable with the learned counsel for the appellant. Therefore, the monthly dependency would come to Rs.3375 and Rs.40,500 per annum. If the multiplier of 17 is applied the future economic loss would come to Rs.688,000/-. To this, if conventional amount of Rs.25,000 is added, the total amount of compensation would come to Rs.713,000. However, as the claim in appeal is restricted only to Rs.50,000 the claimants are entitled to additional amount of compensation of Rs.50,000, out of which Rs.40,000 will be paid by the GSRTC while the remaining Rs.10,000 will be paid by the insurance company. As far as interest amount is concerned, the Tribunal has rightly discussed in paragraph 18 of the judgment that the claimants are entitled to claim interest from the insurance company for the entire period and are entitled to same only from the date of joining the insurance company in claim petition. Therefore, the claimants are entitled to get interest on the additional amount of Rs.10,000 from 1st August 2000 and on Rs.40,000 from the date of claim petition till realisation.
6 In the result, appeal succeeds to the extent indicated hereinabove with no order as to costs.
(K.S.Jhaveri, J.) *mohd