This appeal is directed against the judgment and award dated 9th October 1996 passed by the learned Motor Accidents Claims Tribunal (Main), Bhavnagar in MAC Petition No.313 of 1994 that has been filed by the claimants vide which the Tribunal awarded compensation of Rs.3,56,000 to the claimants. 2 The short facts of the present case are to the effect that one Dhirendrakumar met with an accident while travelling on his Luna Moped on 18th May 1994 at about 8 PM. The accident took place on the road of Darbari Kothar of Bhavnagar City while the deceased was travelling from Amba Chowk to Randheda. When the deceased reached Shailesh Chowk, at that time, one DCM Toyoto Tempo bearing No.GRQ 4798 came from the side of Railway Station in excessive speed and dashed with the Luna of Dhirendrakumar. The injured was shifted to Sir T. Hospital, Bhavnagar where he succumbed to the injuries during the course of treatment. The claimants being wife and children of the deceased filed claim petition claiming total compensation of Rs.4,50,000 from the opponents jointly and severally.
3 The learned Judge of the Tribunal has calculated the monthly income of the deceased at Rs.3500 per month and Rs.42000 per year. He deducted 1/3rd amount towards his personal expenses and by adopting the multiplier of 12 awarded Rs.3,36,000 as future economic loss to the claimants. He then awarded Rs.20,000 under the head of loss of estate and thus awarded Rs.3,56,000 to the claimants along with interest at the rate of 15% per annum from the date of the application till realisation. The appellant insurance company has challenged the said judgment and award by filing the present appeal.
4 Heard learned counsel for the parties and perused the record.
5. Learned counsel for the appellant argued on the point of quantum vehemently and contended that the Tribunal has committed an error in deducting 1/3rd amount from the income as his personal expenses. He has also contended that looking to the judgment of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 6 SCC 121 one-half amount is required to be deducted from the income of the deceased.
6. Mr Qureshi, learned counsel for the claimant has supported the judgment and award of the Tribunal.
7. In view of the judgment of the Apex Court in the case of Sarla Verma (supra) the claimants being widow are entitled to one half of the total income and therefore the multiplicand should be Rs.18000 per annum. Considering the age of the widow, the multiplier should be 12 and therefore the amount to which the claimants are entitled under the head of future economic loss would Rs.2,16,000/- The claimants are also entitled to Rs.10,000 under the head of loss to estate and Rs.5,000 towards funeral expenses. Thus, in all, the claimants are entitled to Rs.2,31,000/- as against the awarded amount of Rs.3,56,000/-. Therefore, the excess amount is required to be refunded to the insurance company.
8. In view of the aforesaid discussion, the judgment and award dated 9th October 1996 passed by the learned Motor Accidents Claims Tribunal (Main), Bhavnagar in MAC Petition No.313 of 1994 whereby the Tribunal has awarded Rs.3,56,000 to the claimants is modified to the extent that the claimants are entitled to Rs.2,31,000/-. The excess amount of Rs.1,25,000/- is ordered to be refunded to the insurance company.
9. Further, the rate of interest at 15% awarded by the Tribunal is on higher side. The same is excessive looking to the decisions of the Apex Court and the same shall not be awarded more than 12%. Hence, it is required to be reduced and accordingly the rate of interest awarded is reduced to 12% per annum from 15% in both the appeals. The excess amount of 3% of interest will be refunded back to the appellant-insurance company if the same is deposited by the appellant with the Tribunal.
(K.S.Jhaveri, J.) *mohd