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 15th October 1998 passed by the learned MAC Tribunal (Aux. VI), Ahmedabad (Rural) in MAC Petition No.1882 of 1991 vide which the Tribunal partly allowed the claim petition, and prayed for enhancement of the awarded amount. 2 The facts leading to filing the present appeal are to the effect that on 6th September 1991 the deceased – Omkar Haribhai Khairnar was going on his Hero Puch motorcycle towards Pathik Bhuvan and at that time one truck bearing No.DDL 6654 came there in full speed and in a rash and negligent manner and dashed with said motorcycle due to which deceased sustained serious injuries and later on died due to the injuries. The wife and children of the deceased filed MAC Petition No.1822 of 1991 claiming a total compensation of Rs.8 lakhs.
3 The deceased was serving with Gujarat Electricity Board at the relevant point of time and was earning Rs.6,000 as salary. The learned Tribunal considered the income of the deceased at Rs.7,000 and awarded 2/3rd amount therefrom towards future economic loss viz. Rs.4,666.66 per month and Rs.55,999.92 per annum. Considering the age of the deceased he adopted the multiplier of 9 and thereby awarded Rs.5,03999 towards dependency loss. The Tribunal has awarded Rs.10,000 towards loss to estate and Rs.10,000 towards loss of consortium and in all Rs.5,23,999 was awarded vide impugned judgment and award. Feeling aggrieved by the same, the appellants – original claimants have filed this appeal seeking enhancement of the compensation.
4 Heard learned counsel for the parties and perused the record. Respondent No.2 is served by affixing the notice at the address shown in the cause title.
5 Learned counsel for the appellants argued that the Tribunal has committed an error in deducting 1/3rd amount towards personal expenses of the deceased. He submitted that in view of the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 only 1/4th amount ought to have been deducted. He has further contended that the multiplier of 9 adopted is on lower side. He has also contended that the Tribunal has committed an error in not considering the future economic prospects of the deceased and in support of his contention he relied upon the decision of the Apex Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.
6 Admittedly, the deceased was aged about 50 years and five months at the time of the accident and therefore no future income can be considered. However, the Tribunal has committed an error in deducting 1/3rd amount towards personal expenses. Looking to the number of dependants, it should be 1/4th instead of 1/3rd. Therefore, the future economic loss would be Rs.5250 per month and Rs.63,000 per annum. In view of the decision of the Sarla Verma (supra) the multiplier should be 11 instead of 9. Therefore, the amount under the head of future economic loss would come to Rs.693,000/-. To this figure will have to be added the conventional figure of loss of expectation of life of Rs.10,000/-, loss of consortium of Rs.10,000 and Rs.5,000 towards funeral charges. That will lead to a total figure of Rs.7,18,000/-. As against that, the Tribunal has already awarded Rs.5,23,999/-. Thus, the appellants are entitled to additional amount of compensation of Rs.1,94,001/-, rounded off to Rs.1,94,000/-.
7 In view of the aforesaid discussion, the judgment and order dated 15th October 1998 passed by the learned MAC Tribunal (Aux. VI), Ahmedabad (Rural) in MAC Petition No.1882 of 1991 vide which the Tribunal awarded Rs.5,23,999 to the claimants is modified to the extent indicated above. Thus, the claimants are entitled to get additional amount of Rs.1,94,000 along with interest at the rate of 7½ % per annum from the date of the petition till the date of realisation.
8. In the result, the appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd