1. This appeal under Section 173 of Motor Vehicles Act, 1988 arises out of the judgment and award dated 19th December, 1995 rendered in Claim Petition No. 180 of 1988.
2. Short facts, for which, the claim petition was filed by the claimant are as under:
2.1. On 1.2.1988 when the deceased Kanabhai Valabhai was on his way on Anjar Road near Khirsara and Navagam, the offending jeep bearing registration No. GJ X 709 hit the deceased Kanabhai Valabhai who received serious injuries and after 18 days died in the hospital. The claimant of the deceased consisting of six members including the widow preferred the claim petition, in which, finally the Tribunal awarded Rs. 2,00,000/-, since the claimant though entitled to Rs.2,93,400/- had restricted the amount of claim to the tune of Rs.2,00,000/- the award as above was passed.
3. While considering the deposition of son of the deceased on oath about agricultural and live stock held by the deceased aged about 43 years who reared 10 buffaloes and 8 cows, the Tribunal safely concluded monthly income of Rs. 2400/- and after deducting 1/3rd of the amount towards personal expenses of the deceased it was fixed at Rs. 1600/- p.m. and by applying multiplier of 12 the total was under the head of loss at future income assessed as Rs.2,30,400/-.
4. Learned advocate for the appellant would submit that except the statement on oath of son of the deceased about income, no other evidence was produced on record and the determination of the income by the Tribunal was excessive and further rate of 15% on the award of compensation was also on higher side and contrary to law of calculating interest on the claim amount. It is further submitted that the order of the Tribunal deserves to be quashed and/or modified.
5. Mr.
Mehul Shah, learned advocate for the respondent however would submit that the deceased was aged about 43 years and if the decision in the case of Sarla Verma (Smt) & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121] and law laid down therein is applied the claimants are entitled to receive higher amount of compensation on the ground that multiplier of 14 is applicable and further the family unit consisting of more than five persons 1/5th of deduction could have been made towards personal expenses of the deceased. Further it is submitted that the rate of 15% of interest cannot be said to be on higher side and would meet the interest of justice in absence of claim of enhancement by the claimants after this many years.
6. Considering overall aspects, on perusal of the record including the decision impugned of awarding compensation to the claimants, I am of the view that by awarding 15% of interest, though the Tribunal appears to have exercised discretion in favour of the claimant but multiplier of 12 was applied to the deceased aged 43 and deduction of 1/3rd was made which would be contrary to the decision of Sarla Verma (Smt) & Ors. (supra) and, therefore, award at rate of 15% interest on the total amount of compensation though on higher side is not disturbed or interfered with.
7. The appeal is accordingly dismissed with no costs.
[ANANT S. DAVE, J.] //smita// Top