By By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant – Gujarat State Road Transport Corporation has challenged the judgment and award dated 1st June 1994 passed by the learned MAC Tribunal (Aux.) at Nadiad in MAC Petition No.945 of 1986 vide which the Tribunal has partly allowed the claim petition. 2 The facts leading to filing the present appeal are to the effect that on 2nd July 1984 one boy named Manish aged about 15 years was crushed to death by an ST Bus bearing No.GRR 8483 near Railway Crossing on Vidyanagar – Karamsad Road in the township area of Karamsad. Therefore, the claimant has filed the aforesaid claim petition claiming the total compensation of Rs.2 lakhs.
3 The Tribunal has considered the earning capacity of the deceased boy at Rs.2,000 per month and on that basis assessed Rs.670 as the monthly dependancy loss and considering the age of the father at 55 and mother at 53, he awarded Rs.96,480 as future economic loss by adopting the multiplier of 12. He has also awarded Rs.20,000 under the head of loss of expectation of life and Rs.2,500 on account of funeral expenses and conveyance charges. Thus, in all, a sum of Rs.1,19,000 is awarded to the claimants.
4. I have heard the learned counsel for the parties and perused the record.
5. In view of the law laid down by the Apex Court, the Tribunal ought to have considered notional income of the deceased at Rs.1,500 and after deducting 1/3rd from the same, ought to have considered the income at Rs.1000 per month and Rs.12,000 per year. By adopting the multiplier of 11 it ought to have awarded Rs.1,32,000 towards future economic loss. However, it has awarded only Rs.1,19,000/-. On the other heads there is no interference is called for. Thus, no case is made out for interference.
6. However, the rate of interest at 15% awarded by the Tribunal is on higher side. The same is excessive looking to the decisions of the Apex Court and the same shall not be awarded more than 12%. Hence, it is required to be reduced and accordingly the rate of interest awarded is reduced to 12% per annum from 15%. The excess amount of 3% of interest will be refunded back to the appellant if the same is deposited by the appellant with the Tribunal.
Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd