1.0 This appeal is directed against the judgement and award dated 21.11.2003 passed by learned Motor accident Claims Tribunal (Aux), Himmatnagar, Sabarkantha in Motor Accident Claim Petition No. 337 of 1994 wherein the Tribunal has awarded a sum of Rs.500000/- along with interest at the rate of 9% per annum from the date of award till satisfaction of the award.
2.0 On 13.03.1994 at 9.45 a.m. Govindbhai was driving the tempo No. GJ-3-T-6743 from Ahmedabad to Himmatnagar. At that time one truck No. GTT-4985 came from opposite direction in excessive speed and in a rash and negligent manner dashed with the tempo. As a result of which, Govindbhai sustained serious injuries and ultimately he succumbed to the same. The legal heirs therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimants for enhancement of compensation.
3.0 Learned advocate for the appellant contended that learned Tribunal committed error in considering the income of Rs. 1500/- per month; that 1800/- ought to have been taken as income of the deceased.
4.0 Learned advocate for the appellants contended that the learned Tribunal has erred in deducting 1/3rd towards personal and living expenses; that ¼th ought to have deducted towards personal and living expenses since there are five dependents family members as per the principles laid down by the Hon'ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121 .
5.0 Learned advocate for the appellants further contended that the age of the deceased was30 years and therefore, 17 multiplier ought to have been applied and that the nothing is awarded towards the funeral expenses. According to him, by considering the income of Rs 1800/- per month and deducting 1/4th towards personal and living expenses, the loss of dependency benefit would come to Rs. 1350/- per month and Rs.16200/- per year. The deceased was 30 years at the time of accident. The multiplier of 15 applied by the learned Tribunal is on lower side and it should be 17. By applying multiplier of 17 years in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, the future loss of income would come to Rs.275400 ( Rs. 16200/- x 17).
6.0 Learned advocate appearing for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
7.0 Heard learned advocate for the respective parties and perused the documents on record.
8.0 As far as income in concerned, there is no cogent, reliable evidence with respect to the income. In that view of the matter by considering the entire facts and circumstance of the case the learned Tribunal has rightly assessed the income of Rs. 1500/- per month. By deducting 1/4th towards personal and living expenses, the dependency loss would come to Rs. 1125/- per month and Rs. 13500/- per year. The deceased was 30 years at the time of accident. The multiplier of 15 applied by the learned Tribunal is on lower side and it should be 17. By applying multiplier of 17 years in view of the principles laid down in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, the future loss of income would come to Rs.229500 ( Rs. 13500/- x 17). The Tribunal has awarded Rs. 1,80,000/- which is on lower side.
9.0 Further, the amount of Rs. 10000/- towards loss of estate and Rs.10000/- towards loss of consortium are just and proper. However, nothing is granted towards funeral expenses. Therefore, the claimants are entitled to an amount of Rs. 5000/- towards funeral expenses.
10.0 In view of the above, the claimants are entitled to compensation in the sum of Rs. 254500/- ( Rs. 229500/- + Rs. 10000/- towards loss of estate + Rs. 10000/- towards loss of consortium + Rs. 5000/- towards funeral expenses). However, the learned Tribunal has awarded a sum of Rs. 20000/- for compensation. Therefore, the claimants are entitled to a further sum of Rs. 54500/- ( Rs. 254500/- - Rs. 200000/-) in addition to the amount already awarded to them by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of filing of the claim petition. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.JHAVERI, J.) niru* Top