1.0 The above appeals are directed against common judgement and award dated 29.04.2003 passed by learned Motor Accident Claims Tribunal ( Auxi.), Court No. 12, Ahmedabad, in Motor Accident Claims Petitions No. 625 of 1998 and 673 of 1998 wherein the Tribunal has awarded a sum of Rs.156000/, and Rs. 1,02,000/ at the rate of 12% from the date of the petition till 31.12.1999 and the interest at the rate of 9% per annum from 01.01. 2000 till realization with the proportionate costs respectively.
2.0 The above claim petitions arose out of the same accident. On 30.05.1998 at about 6.30 a.m. Anil and Pratik were riding as pillion riders on one scooter No. GUG 6017 which was driven by Bhavin and they were going to visit the Hanumanji's Temple at Bhimapur near Raska village on AhmedabdMahemadavad Road. When they were going on scooter with moderate speed, at that time one motor truck No. GJ1U 6569 came from the opposite direction in excessive speed and in a rash and negligent manner dashed with the scooter. In the said accident, they were entangled with the bonnet of the truck and dragged out with the truck far from the place of accident. They received serious and injuries and succumbed to the injuries on the spot. The parents of the deceased Anil and Pratik, therefore filed the aforesaid claim petitions wherein the aforesaid award came to be passed. These appeals are filed at the stance of claimants for enhancement of compensation.
3.0 In both the appeals, learned advocate appearing for the appellants contended that learned Tribunal erred in deducting 2/3rd towards personal and living expenses. She placed reliance on the decision of the Hon'ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121 wherein it is held that 50% is required to be deducted as personal and expenses, since the deceased was a bachelor and the claimants are the parents.
4.0 Learned advocate appearing for the respondents supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard the learned Advocates for the respective parties at length and perused the documents on record. As a result of this exercise, in so far as First Appeal No.1941 of 2004 is concerned, the Tribunal has taken the income of Rs.2500/ per month and considered the prospective income of Rs. 3000/ per month. In this case the Tribunal has not committed an error in considering the prospective income while considering the entire facts and circumstances of the case. On the facts and circumstances of the case, since the income is taken at Rs.2500/, the prospective income can be taken at Rs.3000/ per month and Rs.36000/ per annum. The deceased was unmarried. The claimants are the parents of the deceased and therefore, in view of the principles laid down in case of Sarla Verma (supra), if 50% is deducted towards personal and living expenses it would come to Rs. 1500/ (i.e.50% of Rs.3000/). Hence, the loss of dependency benefit would come to Rs.1000/( Rs. 3000/ Rs. 1500/) per month and Rs. 18000/ (Rs.1500/ x 12) per year. Since the parents are the claimants, age of mother is required to be considered for calculation of actual loss of economic loss in view of the decision of Hon'ble Supreme Court in case of National Insurance Co. Ltd. vs. Shyamsing reported in AIR 2011 SC 3231. The age of the mother was 52 years and therefore, 11 years multiplier would be just and proper. By applying 11 multiplier, the actual economic loss would come to Rs.198000/ (Rs. 18000/ x 11). Adding Rs.10000/ towards loss of estate and Rs. 5000/ towards funeral expenses, the total amount would come to Rs.213000/. The Tribunal has already awarded a sum of Rs. 156000/. Therefore the claimants shall be entitled to an additional sum of Rs. 57000/( Rs. 213000/ Rs. 156000/) along with interest at the rate of 7.5% from the date of filing of the claim petition.
6.0 So far as First Appeal No. 1942 of 2004 is concerned, the Tribunal by considering the entire facts and circumstances of the case has considered the income at Rs.1500/. On the facts and circumstances of the case, the income is taken at Rs.1500/ per month and Rs. 18000/ per annum. The deceased was unmarried. The claimants are the parents of the deceased and therefore, in view of the principles laid down in case of Sarla Verma (supra), if 50% is deducted towards personal and living expenses it would come to Rs. 750/ (i.e.50% of Rs.1500/). Hence, the loss of dependency benefit would come to Rs.750/( Rs. 1500/ Rs. 750/) per month and Rs. 9000/ (Rs. 750/ x 12) per year. Since the parents are the claimants, age of mother is required to be considered for calculation of actual loss of economic loss in view of the decision of Hon'ble Supreme Court in case of National Insurance Co. Ltd. vs. Shyamsing reported in AIR 2011 SC 3231. The age of the mother was 50 years a the time of accident and therefore, 13 years multiplier would be just and proper. By applying 13 multiplier, the actual economic loss would come to Rs.117000/ (Rs. 9000/ x 13). Adding Rs.10000/ towards loss of estate and Rs. 5000/ towards funeral expenses, the total amount would come to Rs.132000/. The Tribunal has already awarded a sum of Rs. 102000/. Therefore the claimants shall be entitled to an additional sum of Rs. 30000/( Rs.132000/ Rs. 102000/) along with interest at the rate of 7.5% from the date of filing of the claim petition.
7.0 In the result First Appeal No.1941 of 2004 is partly allowed. It is held that the claimants shall be entitled to a further sum of Rs. 57000/ ( Rs. 213000/ Rs. 156000/) along with interest at the rate of 7.5% from the date of filing of the claim petition. The award of the Tribunal is modified accordingly. No order as to costs.
8.0 First Appeal No. 1942 of 2004 is partly allowed. It is held that the claimants shall be entitled to a further sum of Rs. 30000/( Rs.132000/ Rs. 102000/) along with interest at the rate of 7.5% from the date of filing of the claim petition. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.JHAVERI, J.) niru*