1. This appeal has been filed against the judgment and award dated 29.12.1995 passed by the Motor Accident Claims Tribunal, [Aux-II) Kheda at Nadiad in M.A.C.P. No.1046/1987, whereby, the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,48,000/- along with interest @ 15% per annum from the date of the application till its realization. By way of this appeal, the appellants have prayed for enhancement of the amount of compensation.
2. The facts in brief are that on 21.01.1985 while Kantibhai Damor was standing near the bus stand, at that time the driver of the S.T. bus, on account of rash and negligent driving dashed the bus with Kantibhai, as a result of which, Kantibhai sustained severe bodily injuries and died on the spot. The legal heirs of the deceases therefore filed the claim petition before the Tribunal claiming compensation of Rs.3,50,000/-. However, the same came to be partly allowed by way of the impugned award. Hence, this appeal for enhancement of the amount of compensation.
3. The learned counsel for the appellants submitted that while calculating future loss of income, the Tribunal has not appreciated the evidence on record in its proper perspective. It has been submitted that the Tribunal has not properly considered the oral and documentary evidence produced on record with regard to the income of the deceased. It has also been submitted that the multiplier adopted by the Tribunal is also on the lesser side. She further submitted that no amount is awarded under the head of funeral expenses and loss of consortium. Hence, the impugned award passed by the Tribunal deserves to be modified by enhancing the amount of compensation.
4. The learned counsel for the respondents supported the impugned award and submitted that the compensation awarded by the Tribunal is just and appropriate and therefore, the present appeal may be dismissed.
5. Heard learned counsel for the respective parties and perused the documents on record. Considering the fact that the deceased was doing the job of driver and taken the extreme means of income i.e., Rs.2,000/- in my opinion, the monthly income of the deceased would be assessed at Rs.1750/-. Hence, the monthly income of the deceased is Rs.1,750/-. The Tribunal has erred in deducting 1/3rd amount towards personal expenses. A deduction of 1/4th is required to be made in view of the principle rendered in Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121. Thus, the monthly future economic loss of income would come to Rs.1312.50 and annual future economic loss at Rs.15,750/-. However, the multiplier adopted by the Tribunal is on lower side considering the age of the deceased at the time of accident. In view of Sarla Verma's case (supra) the appropriate multiplier would be 17. Thus, the total amount under the head of future economic loss of income would come to Rs.2,67,750/-. The Tribunal has awarded Rs.1,26,000/- only under the said head. The claimants shall also be entitled for Rs.5,000/- under the head of funeral expenses. Hence, in all the claimants shall be entitled for additional amount of Rs.1,46,750/-.
6. For the foregoing reasons, both the appeal is partly allowed. The impugned common judgment and award passed by the Tribunal is modified to the extent that the appellants, original claimants shall be entitled for additional compensation of Rs.1,46,750/- along with interest at the rate of 7.5% per annum from the date of application till its realization, over and above, the compensation already awarded by the Tribunal. 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