1. By way of present Appeal, the appellant - National Insurance Co. has challenged the award dated 1.3.2000 passed in Motor Accident Claim Petition No.913 of 1998 by the Motor Accident Claims Tribunal, (Auxi.) Bharuch, whereby the learned Tribunal awarded in all compensation of Rs.10,50,000/- along with the proportionate costs and interest at the rate of 12% p.a. in favour of the original claimants from the date of petition till payment or realization from the opponents jointly and severally.
2. As per the case of the claimants before the learned Tribunal, on 12.11.1998 at about 10:00 p.m., the deceased Munafbhai Daoodbhai Patel was going to attend the meeting at his office by his motor-cycle and at that time, near Panoli Police Station, the opponent No.1 came with truck No.HR-26-GA-0769 rashly and negligently and dashed with the motor-cycle of the deceased. Due to such accident, the serious injuries caused to the deceased and after 5 to 6 hours, during the course of medical treatment, the deceased succumbed to the injuries. At the time of accident, the deceased was 26 years old and the claimant Nos. 1 and 2 are the wife and daughter of the deceased respectively. The deceased was serving in the school as a teacher, and he was getting salary of Rs.6,000/- per month and both the claimants were dependents upon the deceased. Therefore, for getting claim of Rs.15,00,000/- under Section 166 of the Motor Vehicles Act, the claimants filed petition against the opponents including present appellant, Insurance Co. before the learned Tribunal at Bharuch.
3. Learned advocate Mr. Mehta for the appellant submitted that the award of the learned Tribunal is not just and proper and against the evidence on record. He also submitted that the learned Tribunal has wrongly adopted multiplier of 17 without properly considering the age of the deceased. He also submitted that while awarding the compensation, the learned Tribunal has not considered the status of the deceased as teacher in primary school and therefore, the awarded amount is much higher. He also submitted that the impugned award is required to be quashed and set aside by allowing present Appeal. He also submitted that the amount of compensation has already been deposited by the appellant.
4. Learned advocate for the respondents supported the award passed by the learned Tribunal and submitted that no interference is required to be called for from this Court. Learned advocate submitted that considering the ratio laid down in the case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121, the award passed by the learned Tribunal is just and proper.
5. Heard the both the parties and perused the record of the case. The deceased was a primary teacher, earning Rs. 5600/- per month at the time of accident and he was aged about 26 years at that time. Therefore considering the entire service of deceased, the learned Tribunal determined Rs.15,000/- as his average income and after deducting 1/3rd amount of dependency, Rs.5,000/- was treated as dependency. After applying 17 multiplier considering the age about 26 years of the deceased, the amount of future loss of income was considered as Rs.10,20,000/-. Further, the learned Tribunal awarded Rs.30,000/- towards loss of consortium, loss of estate etc. Therefore, in all, the learned Tribunal awarded Rs.10,50,000/- to the claimants with 12% interest p.a. from the date of petition till payment or realization from the opponents jointly and severally. In the case, the claimant No.1 wife (28 years) has lost her husband and claimant No.2 daughter (8 years) has her father, who was earning member of the family and both the claimants were solely depended upon the deceased. I have also perused the case of Sarla Verma (Supra) and looking to the ratio laid down in the case, this Court is of the opinion that the learned Tribunal has rightly awarded the amount of compensation after considering all the evidences on record and considering the related factors of the case. Therefore, no interference is required to be called for from this Court.
6. In view of the above observation, the award passed by the learned Motor Accident Claim Tribunal (Auxi.), Bharuch in MACP No.913 of 1998 dated 1.3.2000 is hereby confirmed. Record and Proceedings, if any, called for from the concerned trial Court, are ordered to be sent back forthwith.
(K.S.
JHAVERI, J.) ynvyas Top