1. The appellants herein have challenged the award dated 29.12.2003 passed by the Motor Accident Claims Tribunal Bharuch at Rajpipla in Motor Accident Claims Petition No. 1011/1991 & 50/1992 so far as the Tribunal awarded Rs. 1,93,000/- in each case as compensation with interest and costs.
2. It is the case of the appellants that on 21.09.1991 while Shri Kantibhai was riding a scooter bearing registration no. GJ-6-E-575 and Jayantibhai sitting pillion, a tempo bearing registration no. GRY 4493 being driven by the original opponent no. 1 in a rash and negligent manner, hit the scooter as result of which both of them sustained injuries and finally succumbed to the same. The legal heirs of Shri Kantibhai therefore filed claim petition no. 1011/1991 for compensation to the tune of Rs. 7.50 lakhs whereas the legal heirs of Shri Jayantibhai filed claim petition no. 50/92 claiming compensation to the tune of Rs. 6 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Mathew, learned advocate appearing for the appellants submitted that the Tribunal has wrongly assessed the income of the deceased in both the cases. He submitted that the Tribunal has wrongly considered the multiplier considering the age of the deceased as 52. He has relied upon a decision of the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121. Mr Mathew submitted that the Tribunal has not awarded any amount under the head of consortium.
4. Learned advocate appearing for the respondents supported the award of the Tribunal and submitted that the same does not call for any interference by this Court.
5. This Court heard the contentions advanced by the parties and perused the papers on record. The Tribunal has gone through the documentary evidence on record and has come to the conclusion that the accident in question happened due to the negligence of the original opponent no. 1. No interference is called for regarding the same.
6. As far as the aspect of quantum of compensation is concerned, it is clear that the Tribunal has considered the evidence on record. The Tribunal has considered the prospective income of the deceased Kantibhai as Rs. 4000/- per month and that of deceased Jayantibhai as Rs. 4200/- and the dependency loss at Rs. 33600/- per annum in both the cases.
6.1 In the case of Sarla Verma & Ors (supra) it is held as under:
“The multiplier to be used should be as mentioned in column (4) of the Table (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M- 17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years and M- 13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M- 9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years.”
6.2 The Tribunal has considered the post mortem report and the date of birth and assessed the age of the deceased as 52 years. As per the ratio laid down in the case of Sarla Verma (supra), I am of the view that, looking to the age of the appellant, the multiplier of 5 awarded in the present case is on lower side. The just and proper multiplier would be 11. The income assessed is just and proper. Therefore the future loss of dependency would come to Rs. 3,69,600/- (Rs.33,600 x 11). The Tribunal has already awarded Rs. 1,68,000/- under the said head and therefore an additional amount of Rs. 2,01,600/- is required to be awarded under head of dependency loss in each petition.
7. The Tribunal has not awarded any amount under the head of consortium but an amount of Rs. 10000/- is awarded under the head of love and affection for their father therefore Rs. 25000/- has already been awarded. Rest of the award is just and proper. Therefore in all the claimants shall be entitled to an additional amount of Rs. 2,01,600/-.
8. Accordingly, appeals are partly allowed. The appellants shall be entitled to an additional amount of Rs. 2.01,600/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly.
(K.S. JHAVERI, J.) Divya//