1. In connection with the vehicular accident that took place on 04.09.2002, involving the vehicle bearing registration No. GAB8288 and in which Mohanbhai Gobarbhai died, the legal heirs of deceased preferred claim petition being M.A.C.P. No.649/2002 u/s. 163A of the M.V. Act before the Motor Accident Claims Tribunal (Main), Bhavnagar. The said claim petition was allowed in part, by judgment and award dated 01.04.2005, whereby, the original claimants were awarded total compensation of Rs.2,08,500/ along with interest at the rate of 9% per annum from the date of application till its realization. Being aggrieved by the said award, the appellants original claimants have filed the present appeal for enhancement of the amount of compensation.
2. It has been contended on behalf of appellantoriginal claimants that the claim petition was filed u/s.163A of the M.V. Act and therefore, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. In support of the said submission, reliance has been placed on the decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.
3. Though served, none appears on behalf of the respondents.
4. Heard learned counsel for the appellants. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra), the formula stipulated in the Second Schedule to Section 163A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163A of the Act, the amount of compensation is to be determined as per the formula specified in the Second Schedule.
5. If we adopt the formula specified in the Second Schedule by considering the age of the deceased at the time of accident and the annual income at Rs.18,000/, the total compensation would come to Rs.3,24,000/. An amount equivalent to 1/3rd is required to be deducted from the said amount in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. Accordingly, the total amount under the head of loss of dependency would come to Rs.2,16,000/.
7. The claimants are also entitled for additional amounts of Rs.2,000/ and Rs.2,500/ under the heads of funeral expenses and loss of estate respectively. The claimant viz. widow of the deceased is also entitled for additional amount of Rs.5,000/ towards consortium.
8. Thus, the claimants are entitled for total compensation of Rs.2,25,500/. The Tribunal has awarded total compensation of Rs.2,08,500/. Hence, the claimants are entitled for additional amount of Rs.17,000/ as compensation.
9. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that original claimants shall be entitled for additional amount of compensation of Rs.17,000/ along with interest @ 7.5% per annum from the date of the application and costs as awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K.S. JHAVERI, J.]
/phalguni/