By way of these appeals the appellants have challenged judgement and award dated 16.12.2002 passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj in M.A.C.P No. 182 of 1993 and in M.A.C.P. No. 183 of 1993, whereby the tribunal has awarded compensation of Rs. 4,00,000/- with 9% running interest per annum from the date of fling petition till realization of awarded amount.
Brief facts of the case are that:
2.1 On 07.02.1993 Devchand Valjibhai Limbani and his father, Valjibhai Limbani were travelling on scooter No. GCP 5481. They were on the way from their residence to wadi situated on Padampur Undodh Road. Devchandbhai was driving the scooter on the extreme left of the road with moderate speed. Around 2.00 to 2.30 p.m. the scooter was about half a kilometer away from Padampur. Opponent No.1, Khimji Devkaran Thacker, being driver of Gujarat State Road Transport Corporation was driving the S.T.Bus No. 1090 with excessive speed and in rash and negligent manner. Resultantly, driver of bus lost the control over the bus and dashed with scooter. Devchand Valjibhai Limbani and his father Valjibhai Limbani both scummed to the injuries.
2.2 Heirs and legal representatives of Devchand Valjibhai Limbani have filed M.A.C.P No. 182/1993 and heirs and legal representatives of Valji Devshi Limbani have filed M.A.C.P No. 183/1993 before the Motor Accident Claims Tribunal, Kachchh at Bhuj for getting compensation of Rs. 10,00,000/- and Rs. 6,00,000/- respectively.
2.3 The claims tribunal vide judgement and award dated 16.12.2002 has awarded compensation of Rs. 4,00,000/- with 9% running interest per annum from the date of fling petition till realization of awarded amount to both the claimants.
2.4 Being aggrieved by the said judgement and award, legal representatives of deceased Devchand Valjibhai Limbani have filed First Appeal No. 1634/2003 for enhancement of compensation and legal representatives deceased Valji Devshi Limbani have filed First Appeal No. 1635 of 2003 for enhancement of compensation.
2.5 Being aggrieved by the said judgement and award The Gujarat State Road Transport Corporation has filed First Appeal No. 2328 of 2004 and First Appeal No. 2329 of 2004 for setting aside the aforesaid judgement and award.
Counsel for the appellant submitted that the tribunal has erred in considering the dependency loss. He further submitted that the tribunal has erred in not considering the aspect of prospective rise in income of the deceased He further submitted that the multiplier considered by the tribunal is on lower side.
Heard learned advocates for the parties.
In First Appeal No. 1634 of 2003 deceased was 38 years leaving behind him his widow, children and mother. Tribunal has deducted 1/3. Counsel for the appellant stated that it should be 1/4 in view of the fact the claimant was aged 34 years.
Therefore, even if the income of Rs. 4,000/- p.m. is taken into consideration it would come to Rs. 48,000/- per year. After deducting one-fourth, the amount would come to Rs. 36,000/-. By taking multiplier of 17, the total amount would be Rs. 6,12,000/-. Adding Rs. 25,000/- being conventional amount, the total amount would be Rs. 6,37,000/-. Out of this, 20% is required to be deducted towards negligence. The net amount will be Rs. 5,09,600/-. Therefore, the claimant will be entitled to additional sum of Rs. 1,09,600/-.
6. So far as First Appeal No. 1635 of 2004 is concerned, the Tribunal has awarded a sum of Rs. 1,31,200/-. In this case also, the income taken by the tribunal at Rs. 3,000/- is just and proper. Learned advocate for the appellant is not in a position to point out anything from the record to take a different view of the matter. However, the tribunal ought to have deducted one-fourth from the income to arrive at future loss of income. Therefore, the net amount would be Rs. 2,250/- per month and Rs. 27,000/- per year. On the facts of the case, the multiplier of 7 is just and proper. By applying the said multiplier the amount would come to Rs. 1,62,000/-. By adding Rs. 25,000/- being conventional amount, the total amount would come to Rs. 1,87,000/-. Out of the S.T.Corporation is required to pay 80% which would come to Rs. 1,49,600/-. The tribunal has awarded Rs. 1,31,200/-. Therefore, the claimant is entitled to additional sum of Rs. 18,400/-.
7. Accordingly, the claimants of First Appeal No. 1634 of 2004 shall be entitled to an additional sum of Rs. 1,09,600/- along with interest at the rate of 7.5% per annum. The claimants of First Appeal No. 1635 of 2004 are entitled to a sum of Rs. 18,400/- along with interest at the rate of 7.5% per annum. The judgement and award is modified accordingly. Appeals are allowed to the aforesaid extent with no order as to costs.
Consequently First Appeal Nos. 2328/2004 and 2329/2004 are dismissed with no order as to costs.
[K.S.JHAVERI, J.] JYOTI Top