1. Both these appeals arise out of the common judgment and award dated 14.07.2005 passed by the Motor Accident Claims Tribunal (Aux), Rajkot in M.A.C.P. No.536/2003 and 537/2003 whereby, both the claim petitions were allowed in part.
2. F.A. No.3711 of 2005 has been preferred against the award passed in M.A.C.P. No.536/2003 whereby, the claimants were awarded total compensation of Rs.5,70,800/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
F.A. No.3712 of 2005 has been preferred against the award passed in M.A.C.P. No.537/2003 whereby, the claimants were awarded total compensation of Rs.4,36,400/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
3. The aforesaid claim petitions arose out of the vehicular accident that took place on 14.06.2003 in which two persons, namely, Somabhai Ravjibhai Sarvaiya and Daudbhai Nurmamadbhai, had expired. Their heirs and legal representatives preferred the above claim petitions, which came to be allowed in part, by impugned judgment and award.
4. Ms. Fozdar learned counsel appearing on behalf of the appellant submitted that she is assailing the impugned award only qua the direction of the Tribunal awarding an amount of Rs.1,00,000/- under the head of conventional amount. She submitted that the Tribunal ought not to have awarded an amount in excess of Rs.25,000/- under the said head. In support of her submission, reliance has been placed on a decision of this Court in the case of New India Assurance Co. Ltd. v. Takhuben Raghabhai and others, 2008 ACJ 989 whereby, the Court has fixed Rs.25,000/- as the amount under the head of Conventional amount.
5. Heard learned counsel for the appellant. None appears on behalf of the respondents, though served. Since the appellant has assailed the impugned award only qua the direction of the Tribunal awarding Rs.1,00,000/- under the head of Conventional amount, this Court does not deem it necessary to discuss the award in detail. In my opinion, the Tribunal has awarded just compensation under the respective heads except under the head of Conventional amount. In my opinion, the amount awarded by the Tribunal under the head of Conventional amount is on the higher side and also contrary to the law on the subject. In view of the decision of this Court in Takhuben Raghabhai's case (supra), the claimants are entitled to receive an amount of Rs.25,000/- only under the head of Conventional amount instead of Rs.1,00,000/- awarded by the Tribunal. Hence, the compensation awarded in both the cases deserves to be reduced.
6. For the foregoing reasons, the following order is passed;
[A] F.A. No.3711 of 2005 is allowed in part. The impugned award passed by the Tribunal is modified to the extent that the claimants are entitled for an amount of Rs.25,000/- under the head of Conventional amount as against Rs.1,00,000/- awarded by the Tribunal and consequently, they shall be entitled for total compensation of Rs.4,95,800/- along with interest and cost as awarded by the Tribunal. The impugned award stands modified to the above extent.
[B] F.A. No.3712 of 2005 is allowed in part. The impugned award passed by the Tribunal is modified to the extent that the claimants are entitled for an amount of Rs.25,000/- under the head of Conventional amount as against Rs.1,00,000/- awarded by the Tribunal and consequently, they shall be entitled for total compensation of Rs.3,61,400/- along with interest and cost as awarded by the Tribunal. The impugned award stands modified to the above extent.
[C] The excess amount of Rs.75,000/- each in both the claim petitions shall be refunded to the appellant along with interest at the rate of 9% per annum. Both the appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*