[1] This appeal is directed against the judgment and award dated 23.12.2004 passed by the Motor Accident Claims Tribunal, Kutch at Bhuj in Motor Accident Claim Petition No.107/1997 whereby the Tribunal has awarded a sum of Rs.6,00,000/- along with interest @ 9% per annum from the date of application till realization.
[2] According to the claimants, on 07.01.1997, one Haroon Ismail Dhosa along with his labourers was proceeding on the Highway by walk and when they reached near Madhapar crematorium at that time the opponent No.1 came from Anjar driving truck rashly and negligent manner. He lost control over the steering of the truck, came on the wrong side of the road and dashed with the pedestrians, as a result of which they sustained serious injuries. Said Haroon Ismail Dhosa was shifted to Bhuj G. K. General Hospital. After primary treatment, he was shifted to Ahmedabad where he succumbed to the injuries sustained by him on 28.01.1997. The claimants therefore filed the claim petition wherein the aforesaid award came to be passed. The present appeal is filed by the appellant – Insurance Company against the judgment and award of the Tribunal.
[3] The Tribunal has considered the income of the deceased at Rs.2,625/- p.m and for considering the future economic prospectus, the Tribunal has adopted the formula of double the income and average and thereby arrived at income of the deceased at Rs.3,500/- p.m, out of the same, the Tribunal has deducted 1/4 amount towards personal expenditure and assessed the income of the deceased at Rs.2,625/- p.m. The loss of dependency was considered at Rs.2,625/-
p.m and Rs.31,500/- p.a. Considering the age of the deceased as 30 years on the date of accident, the Tribunal adopted multiplier of 17 and thereby awarded compensation under the head of loss of dependency at Rs.5,35,500/-. Over-and-above, the Tribunal awarded amounts under different heads :-
Rs.20,000-00 for loss to estate Rs.10,000-00 for loss of consortium Rs. 5,000-00 for obsequial ceremonies Rs.27,000-00 for medical expenses.
Rs. 5,000-00 for pain, shock and sufferings Rs. 2,000-00 for rich diet etc.
Rs. 1,500-00 for transportation charges Rs. 2,000-00 for attendant charges.
======== Rs.72,500-00 ========
[4] The learned advocate for the appellant submitted that the tribunal has committed an error in awarding compensation in sum of Rs.6 Lakhs with interest @ 12% p.a., and Rs.5,35,500/- under the head of dependecy loss. The Tribunal has committed an error in taking income of Rs.3,500/- of the deceased without any evidence on record. He also submitted that the Tribunal ought to have considered the income of the deceased Rs.1,500/- to 2,000/- per month. He further submitted that the Tribunal ought to have deducted 1/3rd instead of 1/4th amount as personal expenses of the deceased. He further submitted that the Tribunal has committed an error in awarding Rs.20,000/- loss to estate, Rs.10,000/- loss of consortium and Rs.27,000/- as medical expense and the Tribunal has also committed error in adopting multiplier of 17 instead of 16.
[5] Head learned advocates for the respective parties and perused the relevant records.
[6] Hence, the present appeal is preferred by the Insurance Company. As there is no evidence regarding income of the deceased, the Tribunal ought not to have considered the income of the deceased at Rs.3,500/- p.m. The Tribunal ought to have considered the income of the deceased at Rs.2,500/- per month and Rs.24,000/- p.a. if multiplier of 17 is applied than loss of dependency would come to Rs.4,08,000/-. The claimants are also entitled to Rs.72,500/- under different heads. Thus, the claimants are entitled to get total amount of Rs.4,80,500/-. As against that the Tribunal has awarded Rs.6,08,000/-. Thus, there is an excess amount of Rs.1,27,500/- which is required to be refunded to the Insurance Company along with interest. However, the appeal is restricted to Rs.1,20,000/- only, the excess amount of Rs.1,20,000/- is directed to be refunded to the Insurance company along with cost and interest.
[7] The appeal is allowed in part.
[ K. S. JHAVERI, J. ] vijay