1. This appeal has been preferred against the judgment and award dated 12.04.1986 passed by the Motor Accident Claims Tribunal in M.A.C.P. No. 984 of 1986, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.4,28,005.20 paise along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 12.04.1986, while Jayantilal was going on his scooter, at a particular place, the driver of the S.T. bus in a rash and negligent manner dashed with the scooter, as a result of which, Jayantilal sustained severe bodily injuries and during the treatment he died. The legal heirs of the deceased, filed claim petition, which came to be partly allowed, by way of the impugned award. This appeal has been preferred for enhancement of the amount of compensation.
3. The main ground on which the appellant original claimant has prayed for enhancement of compensation is that the Tribunal has not considered the aspect of rise in future income while calculating the income under the head of dependency benefit. It has been submitted that the Tribunal has also erred in deducting 1/3rd amount in spite of the fact that the total number of dependents are four.
4. The learned counsel for the respondent supported the impugned award passed by the Tribunal and submitted that the compensation awarded is in consonance with the evidence on record and hence the present appeal deserves to be dismissed.
5. Heard learned counsel for the respective parties and perused the documents on record. It appears from the record that at the time of accident, the deceased was earning monthly salary of Rs.3760/-. The claimants had produced the documentary evidence and had also examined the witnesses to prove the monthly income of the deceased. Considering the facts of the case and the evidence on record, the assessment of the monthly income at Rs.3760/- made by the Tribunal appears to be just and appropriate. However, it appears that the Tribunal has lost sight of the fact that the no rise in future income was considered while computing dependency benefit in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C.
wherein it has been held that where the deceased is between the age group of 40-50 rise of 30% increase in income has to be considered. Accordingly, by following the principle laid down in the aforesaid decision, the monthly income of the deceased can be assessed at Rs.4888/- which is rounded off to Rs.4900/- per month and therefore, looking to the total number of dependents, the Tribunal ought to have deducted 1/4th amount towards the personal expenses while calculating the dependency benefit. Accordingly, the monthly dependency benefit would come to Rs.3675/- and annual at Rs.44,100/-. Considering the age of the deceased, multiplier of 11 adopted by the Tribunal is just and appropriate. Hence, by adopting the said multiplier the total income under the head of loss of dependency would come to Rs.4,85,100/-. However, the Tribunal has awarded Rs.3,69,600/- only and therefore, the claimants shall be entitled for additional compensation of Rs.1,15,500/- under the head of loss of dependency.
6. It also appears that the Tribunal has awarded Rs.3,000/- only towards the funeral expenses. However, I find that the Tribunal has erred in awarding Rs.15,000/- under the head of loss of consortium and Rs.10,000/- under the head of pain shock and suffering, which is contrary to the decision rendered in the case of Sarla Verma (Supra), wherein it has been held that under the aforesaid heads, maximum amount of Rs.20,000/- could be awarded, and therefore, from the aforesaid an amount of Rs.20,000/- is required to be deducted. I find that the Tribunal has awarded only Rs.3,000/- towards funeral expenses and, therefore, the claimants shall be entitled for additional amount of Rs.2,000/- under the said head. Therefore, in all, the claimants shall be entitled for additional amount of Rs.1,02,500/- along with interest @ 7.5.% per annum as against interest @ 15% per annum awarded by the Tribunal.
7. In view of the above, the appeal is partly allowed. The impugned award is modified to the extent that the original claimants, shall be entitled for total compensation of Rs. 1,02,500/- along with interest at the rate of 7.5% per annum from the date of application till its realization. The rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
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