1. This appeal has been preferred against the judgment and award dated 30.06.2005 passed by the Motor Accident Claims Tribunal [Aux.] Panchmahals at Godhra in M.A.C.P. No. 2697 of 2000, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,38,000/ along with interest @ 7.5% per annum from the date of the application till its realization.
2. The facts in brief are that on 01.11.2000 at around 1730 hrs. while Jashwantsinh Sufarbhai Damor was going on his bicycle towards Village Morva, at that time, the driver of the Truck bearing No. GJ17T8585, on account of rash and negligent manner, dashed with the bicycle, as a result of which, Jashwantsinh sustained severe bodily injuries and died during the course of treatment. The legal heirs of the deceased, therefore, filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.
3. Heard learned counsel for the appellant. The learned counsel for the appellant has mainly contended that though the Tribunal has believed the annual income at Rs.15,000/, the Tribunal has erred in deducting 1/3rd amount towards personal expenses of the deceased. He further submitted that the multiplier adopted by the Tribunal is on higher side.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant, and the Tribunal ought to have deducted 1/2nd amount towards personal expenses in view of the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122. In view of the above, the annual dependency benefit would come to Rs.7,500/ [15000 x 1/2]. So far as the multiplier is concerned, multiplier of 15 adopted by the Tribunal is on higher side considering the age of the deceased at the relevant time. It ought to have been 13 in view of the principle laid down in Sarla Verma's case (supra). Hence, the total dependency benefit would come to Rs.97,500/. However, the Tribunal has awarded Rs.2,25,000/ under the said head.
5. So far as the funeral expenses is concerned, the amount awarded under the said head is on lesser side. In view of the principle laid down in Sarla Verma's case (supra), the claimants shall be entitled for additional amount of Rs.3,000/ towards funeral expenses. Therefore, the claimant shall be entitled for total compensation of Rs.1,13,500/ together with interest and costs as awarded by the Tribunal. Hence, excess amount of Rs.1,24,500/ is required to be refunded to the appellant Insurance Company. However, the appeal is restricted to Rs.1.00 lacs, therefore, excess amount of Rs.1.00 lacs shall be refunded to the appellant Insurance Company.
6. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for total compensation of Rs.1,13,500/ along with interest and costs as awarded by the Tribunal and excess amount of Rs.1.00 lacs along with interest shall be refunded to the appellant Insurance company. The appeal stands disposed of accordingly with the aforesaid modification.
[K.S. JHAVERI, J.]
/phalguni/