1. By way of this appeal, the appellants- original claimants have challenged the judgment and award of the M.A.C.T.(Auxi.), Surat, dated 30.08.1997, rendered in M.A.C.P. 273 of 1989, whereby the tribunal awarded Rs.3,34,000/- along with 9 per cent interest.
2. The brief facts of the case are that on account of a vehicular accident, which took place on 05.03.1989, the deceased-Ranchodbhai lost his life, when he was dashed by a truck being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. The appellants, therefore, being the heirs and legal representatives of the deceased preferred the aforesaid claim petition, wherein the tribunal passed the impugned award. Hence, the present appeal.
3. The learned Counsel for the appellants has raised various contentions. He submitted that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal under different heads is meager, and therefore, he has prayed to allow the present appeal.
4. Heard learned Counsel for the appellant and perused the material on record. Though served, none appears on behalf of respondent Nos.
2 and 3.
5. The factum of accident stands proved by the oral evidence of witness Prafulbhai Chotabhai Mewada(Exhibit-43) as well as the documentary evidence in the form of FIR(Exhibit-36), Panchnama(Exhibit-37)etc., and hence, the tribunal rightly came to the conclusion that the appellants are entitled to claim compensation.
6. Insofar as the quantum of compensation is concerned, according to the appellants, the deceased, at the time of accident, was earning Rs.3,260/- per month. The same is supported by the evidence of one Jamiyatram Lalwala(Exhibit- 48) and the office certificate(Exhibit49) of the deceased. Relying on the same, the tribunal, after deducting 1/3 amount towards dependency, applied the multiplier of 12 and awarded Rs.3,13,920/-.
7. In above view of the matter here it would be relevant to refer to a decision of the Apex Court “SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANR.”, reported in (2009) 6 SCC 121), wherein the tribunal has laid down as to what would be the just compensation.
8. The school leaving certificate and SSC certificates of the deceased shows the date of birth of the deceased is 05.01.1938. In other words, at the time of his death, the deceased was more than 50 years. In the case of “SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANR.(Supra), the Apex Court has laid down that there should be no addition, where the age of the deceased is more than 50 years. Hence, the
9. The tribunal while arriving at the amount towards loss of dependency has deducted 1/3 amount from the monthly income of the deceased. However, while doing so the tribunal overlooked the fact that there were in all four dependents. In the above referred judgment the Apex Court has held that where the number of dependents are 4 to 6, only ¼ amount is required to be deducted from the monthly income, and hence, the contention of the learned Advocate for the appellant with regard to deduction of amount from monthly income of the deceased requires to be accepted.
10. In above view of the matter, after deducting ¼ amount towards personal expenses, the monthly loss of dependency would come to Rs. [(3260 X 1/4)=815, (3260 – 815)]=2445/- and the annual loss of dependency would come to Rs.(2445 X 12)=Rs.29,340/-. The tribunal applied the multiplier of 12, which looking to the age of the deceased appears to be just and proper. Thus, the future loss of dependency would come to Rs.(29340 X 12)=3,52,080/-. Since, the tribunal has already awarded Rs.3,13,920/- under the said head, the appellants shall be entitled to an additional amount of Rs.(352080 – 313920)=38,160/- rounding it off to Rs.38,000/-.
11. As regards the amount awarded under the head of conventional amount is concerned, the same appears to be just. But, it may be noted that the tribunal has awarded no amount under the head of funeral expense, which the widow had to beard on account of death of her husband. Hence, I am of the opinion that the ends of the justice would be met if the appellants are granted Rs.5,000/- under the head of funeral expenses.
12. The tribunal has awarded original compensation along with 9 per cent interest, however, looking to the prevalent rate of interest, I am of the opinion that the ends of the justice would be met if the additional amount is awarded with interest at the rate of 7.5 per cent per annum.
13. In the result, the appeal is PARTLY ALLOWED. The appellants shall be entitled to Rs.38,000/- under the head of loss of dependency and Rs.5,000/- under the head of funeral expenses I.e. in all Rs.(38000 + 5000)=Rs.43,000/- along with interest at the rate of 7.5 per cent per annum from the date of application, till its realization. The judgment and award impugned in the appeal, stands MODIFIED to the aforesaid extent. No order as to costs.
(K.S. JHAVERI,J.) Umesh/