By way of filing these appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants has challenged the judgment and order dated 29th December 1998 passed by the learned Motor Accident Claims Tribunal (Main), Ahmedabad in MAC Petition No.1394 of 1995 and 1397 of 1995 whereby the Tribunal has partly allowed the claim petitions. 2 The short facts of the present appeal are that on the date of the incident i.e. on 28th September 1995 at about 10.30 PM one Mahendrakumar @ Manubhai Thakershi Thakkar along with his wife Ushaben and their children were going on motorcycle bearing registration No.GJ8 5963 from Bapunagar to Chandkheda. It is the case of the claimants that when the said motorcycle reached Dhanyawad Flats, near Sabarmati Electric Sub-Station, one motor truck bearing No.GJ.17 T 4949 came from the opposite side at an excessive speed and dashed with the motorcycle due to which all the four persons travelling on motorcycle fell from the bike and received serious injuries. In the said accident, barring one child all other family members died. Therefore, minor Deepak who was sole survivor filed claim petitions.
3 Claim Petition No.1394 of 1995 (out of which First Appeal No.6467 of 1999 arises) has been filed for claiming compensation for the death of Mahendrakumar @ Manubhai. It was the case of the claimants that deceased was engaged in the business of construction and was earning Rs.5,000 to Rs.6,000 per month. The Tribunal considering the evidence led by the parties has believed the income of deceased Mahendrakumar at Rs.6,000 per month and deducted Rs.2000 therefrom towards his personal expenses and considered Rs.4,000 per month and Rs.48,000 per year to be the loss of dependency. The Tribunal adopted the multiplier of 10 and awarded Rs.4,80,000 towards loss of dependency. The Tribunal has also awarded Rs.10,000 under the head of loss of expectancy of life. Thus, in all Rs.4,90,000 has been awarded.
4. Claim Petition No.1397 of 1995 (out of which First Appeal No.6470 of 1999 arises) has been filed for claiming compensation for the death of Ushaben @ Urmilaben. It was the case of the claimants that deceased was engaged in the business of running medical stores in the name and style of Anurag Medical Stores and was earning Rs.6,000 to Rs.7,000 per month. The Tribunal considering the evidence led by the parties has believed the income of deceased Ushaben at Rs.60,000 per year and deducted Rs.20000 therefrom towards her personal expenses and considered Rs.40,000 per year to be the loss of dependency. The Tribunal adopted the multiplier of 10 and awarded Rs.4,00,000 towards loss of dependency. The Tribunal has also awarded Rs.10,000 under the head of loss of expectancy of life. Thus, in all Rs.4,10,000 has been awarded.
5. Learned counsel for the appellants has contended that the Tribunal has committed an error in not considering the aspect of future economic prospects and the multiplier adopted is on lower side.
6. Learned counsel for the respondents has supported the judgment and award and stated that the judgment and award is just and no interference is called for.
7. As far as Claim Petition No.1394 of 1995 is concerned concerning deceased Mahendrakumar @ Manubhai, the Tribunal ought to have considered future economic prospects and looking to his age, the annual income should have been Rs.81,000 out of which if 1/3rd amount is deducted towards his personal expenses, the amount would come to Rs.54,000/-. As per the decision of Smt. Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, there should be 17 multiplier. Thus, the claimants are entitled to Rs.9,18,000 under the head of loss of dependency. They are also entitled to Rs.10,000 towards loss to estate and Rs.5,000 towards funeral charges. Thus, they are entitled to get Rs.9,33,000 as against which the Tribunal has awarded Rs.4,90,000/-. Therefore, they are entitled to get additional amount of Rs.4,43,000. However, the appeal is restricted to only Rs.3,50,000/-. Therefore, the claimant is entitled to get additional compensation of Rs.3,50,000/- in First Appeal No.6467 of 1999 along with interest at the rate of 7.5% per annum from 5th November 1995 till realisation.
8. As far as Claim Petition No.1397 of 1995 concerning deceased Ushaben is concerned, the Tribunal ought to have applied multiplier of 16 instead of 10 as per the decision of Smt. Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121. Thus, the claimants are entitled to Rs.6,40,000 under the head of loss of dependency. They are also entitled to Rs.10,000 towards loss to estate and Rs.5,000 towards funeral charges. Thus, they are entitled to get Rs.6,55,000 as against which the Tribunal has awarded Rs.4,10,000/-. Therefore, they are entitled to get additional amount of Rs.2,45,000. Therefore, the claimant is entitled to get additional compensation of Rs.2,45,000/- in First Appeal No.6467 of 1999 along with interest at the rate of 7.5% per annum from the date of application till realisation.
9. In the result, both the appeals are partly allowed to the aforesaid extent. Judgments and awards passed by the Tribunal are modified to the extent indicated hereinabove.
(K.S.Jhaveri, J.) *mohd