1. This appeal has been preferred against the judgment and award dated 21.09.1996 passed by the Motor Accident Claims Tribunal [Main] Bhavnagar in M.A.C.P. No. 73 of 1995, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,64,000/- along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 16.01.1995 at around 0200 hrs., while Nanubhai was going on a Scooter bearing No. GJ-4-E-2364, as a pillion rider, at a particular place, the driver of the Truck bearing no. GJ-2-T-6873, on account of rash and negligent driving dashed the scooter from the behind, as a result of which, Nanubhai sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased 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. It has been mainly contended by learned counsel for the appellant that the amount awarded under the head of dependency benefit is on the higher side considering the evidence on record. Hence, the income under the head of dependency benefit deserves to be reduced. It has been further contended that the rate of interest awarded by the Tribunal is on the higher side and the same deserves to be reduced.
4. On behalf of respondent no.1, it has been submitted that the compensation awarded is just and appropriate. However, the multiplier adopted by the Tribunal is on lower side.
4. Having gone through the impugned award, I find substance in the submission made on behalf of the appellant since the Tribunal has calculated income at Rs.2,000/- without any evidence on record while calculating the amount of compensation. Considering the evidence on record, by considering the notional income of the deceased at Rs.1500/- and by adopting the principle of doubling the income and then taking its average, as laid down by the Apex Court in its recent decision, the annual income would come to Rs.27,000/-. If we deduct 1/3rd amount towards personal expenses, the balance amount of Rs.18,000/- would be the annual loss of dependency benefit. The deceased was 61 years of age at the time of accident and even if we adopt the multiplier of 7, the total income under the head of loss of dependency benefit would come to Rs.1,26,000/-. But, the Tribunal has awarded only Rs.1,44,000/- under the said head. So far as the income under the head of funeral expenses is concerned, the Tribunal has not awarded any amount under the said head. Hence, the claimant shall be entitled for additional amount of Rs.5,000/- under the head of funeral expenses. Hence, in all the claimant shall be entitled for total compensation of Rs.1,51,000/- together with interest at the rate of 12% per annum instead of 15% as awarded by the Tribunal. Hence, the excess amount is required to be refunded to the appellant-Insurance Company.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for total compensation of Rs.1,51,000/- along with interest @ 12% per annum from the date of the application, as against awarded by the Tribunal. The impugned award stands modified to the above extent. The excess amount of Rs.13,000/- shall be refunded to the appellant-Insurance Company along with interest @ 3%. It is made clear that if the amount lying with the Tribunal is already withdrawn by the original claimants, then the same shall not be recovered from the claimants but, shall be recovered from the owner of the offending vehicle. The rest of the award stands confirmed.
[K.S.
JHAVERI, J.] /phalguni/