1. This appeal has been preferred against the judgment and award dated 14.06.2004 passed by the Motor Accident Claims Tribunal [Main], Bhavnagar in M.A.C.P. No.697/1997, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,46,690/- together with interest @ 12% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 23.04.1997 at around 0200 hrs, while Babubhai Madhabhai Chothani was driving his Scooter bearing no. GJ-4-J-5340, when he reached near Khakhariya, a Jeep bearing no. GJ-4-D-9200 coming from the opposite direction, dashed with the Scooter. As a result thereof, Babubhai Madhabhai sustained bodily injuries and died on the spot. The legal heirs of the deceased filed the claim petition before the Tribunal claiming compensation of Rs.10.00 lacs. The Tribunal partly allowed the claim petition by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The learned counsel for the appellant mainly submitted that though the The Tribunal has believed the monthly income at Rs.2,500/- it has not properly calculated the income under the head of dependency benefit while calculating the amount of compensation. He further submitted that the multiplier adopted by the Tribunal is on higher side.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has not calculated income under the head of dependency benefit while calculating the amount of compensation. By adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the monthly income would come to Rs.3750/-. The deceased was unmarried and therefore, 1/2nd amount is required to be deducted towards personal expenses, which would come to Rs.1,875/-. Instead of 16, the multiplier of 9 would be adopted in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C.
121. Hence, the total dependency benefit would come to Rs.2,02,500/- (1875 x 12 x 9). Thus, the claimant shall be entitled for total compensation of Rs.2,27,000/-. However, after deducting 90% amount towards negligence, the claimants shall be entitled for total compensation of Rs.2,04,300/-. However, the Tribunal has awarded total compensation of Rs.2,46,690/-. Hence, excess amount of Rs.42,390/- along with interest shall be refunded to the appellant Insurance Company.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for total compensation of Rs.2,04,500/- together with interest and costs as awarded by the Tribunal and excess amount of Rs.42,390/- shall be refunded to the appellant Insurance Company along with interest. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top