1. This appeal has been preferred against the judgment and award dated 15.04.2004 passed by the Motor Accident Claims Tribunal [Aux.] [FTC-1], Kheda at Nadiad, in M.A.C.P. No. 654/1990, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,67,000/- along with interest @ 9% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 25.02.1990, while Kalyansinh was standing near Village Gogjipura for going to Kathlal, at that time, the driver of the S.T. bus, in a rash and negligent manner, dashed Kalyansinh, as a result of which, he sustained severe bodily injuries and died on the spot. The legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Corporation has preferred the present appeal.
3. Heard learned counsel for the appellant. The main contention raised on behalf of the appellant is that the Tribunal has erred in computing monthly notional and income under the head of dependency loss.
4. Before the Tribunal, the claimants had not produced any documentary evidence to prove income of the deceased. However, the Tribunal fixed the notional monthly income at Rs.2,000/- per month. Considering the fact that the deceased was doing agricultural work and selling vegetable, and that the accident is of the year 1990, the Tribunal ought to have assessed the annual notional income at Rs.15,000/- instead of Rs.24,000/-. However, while computing dependency benefit, the Tribunal has deducted 1/3rd amount towards personal expenses, which is contrary to the principle laid down by the Apex Court in Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121 wherein, deduction of 1/4th has been provided in circumstances similar to that of the present case. Thus, by adopting the notional annual income at Rs.15,000/- and deducting 1/4th amount towards personal expenses, the annual dependency benefit would come to Rs.11,250/-. The multiplier of 16 is to be adopted in view of the decision in Sarla Verma's case (supra) and thus, the total income under the head of loss of dependency benefit would come to Rs.1,80,000/-. The Tribunal has awarded Rs.2,70,000/- under the above head. The Tribunal has awarded only Rs.2,000/- under the head of funeral expenses. Hence, the claimants are entitled for total compensation of Rs.2,03,000/-. Therefore, the excess amount of Rs.89,000 shall be refunded to the appellant Corporation.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that out of the total compensation awarded by the Tribunal, an amount of Rs.89,000/- shall be reduced and the respondents-claimant shall be entitled for the balance amount along with interest at the rate of 9% per annum calculated from the date of application till its realization with proportionate costs. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top