1 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 3rd September 1998 passed by the learned MAC Tribunal, Ahmedabad in MAC Petition No.23 of 1995 vide which the Tribunal has awarded Rs.8,49,500 to the claimants.
2 The facts leading to filing the present appeal are to the effect that the deceased victim was travelling in luxury bus bearing No.GJ.1.V 1733 for going to Ambaji from Ahmedabad. It is the case of the claimants that due to rash and negligent driving on the part of the Driver of the said bus, it turned turtle causing serious injuries to the passengers. The claimants are heirs and legal representatives of one of the deceased persons in the said accident viz. Ganeshprasad Santoshiprasad Yadav. They have filed Claim Petition No.23 of 1995 claiming compensation of Rs.15 lakhs on various heads from the opponents.
3 The learned Tribunal has considering the documentary evidence produced on record treated Rs.6,900 as his monthly income and 1/3rd was deducted therefrom towards his personal expenses. The Tribunal adopted the multiplier of 15 looking to age of the deceased. He, therefore, awarded Rs.8,28,000 towards loss of dependency (Rs.4600 x 12 x 15). He has also awarded Rs.10,000 under the head of loss of consortium, Rs.10,000 towards loss of expectation of life and Rs.1500 under the head of transportation charges. Thus, in all Rs.8,49,500/- was awarded to the claimants. Feeling aggrieved by the same, the appellants original claimants have filed this appeal for enhancement of compensation.
4 Heard learned counsel for the parties and perused the entire record.
5 Learned counsel for the appellants submitted that the Tribunal has committed an error in not considering the future economic prospects of the deceased. She has also contended that the Tribunal has committed an error in not awarding any amount under the head of funeral expenses and in support of her submission, she relied upon the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.
6 Mr Nair, learned counsel for the insurance company has contended that the income assessed by the Tribunal is erroneous. He further submitted that in view of the fact that the accident had taken place on 25.12.1994, the assessement year is 1994-95 wherein the taxable income was Rs.35,000. Therefore, without there being any evidence on record regarding payment of income- tax, the Tribunal has assessed Rs.6900 as the monthly income of the deceased. He therefore submitted that the taxable income should have been proved by producing ITR or Form 16 and in the absence of any such evidence, no enhancement is possible in the present appeal. He, therefore, submitted that no interference is called for.
7. Having considered the rival submissions and having gone through the record, I am of the opinion that no case is made out by the learned counsel for the appellants for enhancement of compensation under the head of future economic loss. However, the claimants are entitled for compensation under the head of funeral expenses. Therefore, the claimants are entitled for additional amount of compensation of Rs.4,000/- with interest at the rate of 7.5% per annum from the date of application till realisation.
8 In view of the aforesaid discussion, the judgment and order dated 4th August 1998 passed by the learned MAC Tribunal, Ahmedabad in MAC Petition No.23 of 1995 is modified to the aforesaid extent. The appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd