1. Present appeals have been filed by the appellant- Insurance Company against the common judgment and order dated 29.5.2005 passed by the Motor Accident Claims Tribunal (Aux.) Ahmedabad City in M.A.C.P. Nos.411 of 2003 and 412 of 2003. Since both the appeals arise out of the same accident, they are being disposed of by this common judgment.
2. Facts, in nutshell, are as under:-
2.1. So far as M.A.C.P. No.411 of 2003 is concerned, it is the case of the claimants that on 13.9.2002, at about 6.00 p.m., deceased Anil Kantibhai Od started on his bicycle from his home and was going towards Nana Chiloda on the correct side of the road and with slow speed. Along with him, one Pradeepsinh alias Pradyumansinh was also there. When he was passing near Paras Engineering, at that time, one Melaji Javanji Jadav (original opponent No.1 in the claim petition) came from the back side of the deceased Anil, i.e. from Himmatnagar side driving Truck bearing registration No.GJ 9T 8181 with full speed, rashly and negligently and dashed with deceased Anil and thereby, deceased Anil fell down on the road and succumbed to the injuries. The claimants, therefore, filed the claim petition and claimed compensation of Rs.3,00,000/- towards mental pain, shock and suffering, loss of income, loss of expectation, loss of life, funeral expenses etc. The Claims Tribunal partly allowed the claim petition and awarded compensation of Rs.2,92,000/- to the claimants along with interest at the rate of 6% per annum from the date of filing of the claim petition till realization with proportionate cost.
2.2. So far as M.A.C.P. No.412 of 2003 is concerned, it is the case of the claimants that on 13.9.2002, at about 6.00 p.m., deceased Praduman alias Pradeepsinh started on bicycle from his home and was going towards Nana Chiloda on the correct side of the road and with slow speed. Along with him, one Anil Kantilal Od was also there. When he was passing near Paras Engineering, at that time, one Melaji Javanji Jadav (original opponent No.1 in the claim petition) came from the back side of the deceased Pradeep, i.e. from Himmatnagar side driving Truck bearing registration No.GJ 9T 8181 with full speed, rashly and negligently and dashed with deceased Pradeep and thereby, deceased Pradeep fell down on the road and succumbed to the injuries. The claimants, therefore, filed the claim petition and claimed compensation of Rs.3,00,000/- towards mental pain, shock and suffering, loss of income, loss of expectation, loss of life, funeral expenses etc. The Claims Tribunal partly allowed the claim petition and awarded compensation of Rs.2,92,000/- to the claimants along with interest at the rate of 6% per annum from the date of filing of the claim petition till realization with proportionate cost.
3. The appellant- Insurance Company, therefore, preferred the present First Appeals before this Court, challenging the part of the award, i.e. sum of Rs.1,80,000/- each and the Claims Tribunal not deducting any amount under the head of personal expenses, awarding Rs.10,000/- towards pain, shock and suffering, Rs.10,000/- towards expectation of life and Rs.2,000/- towards funeral expenses.
4. Heard Learned advocate for the appellant Insurance Company.
5. As the deceased were non-earning persons and died at the age of 13 years, the Tribunal has considered his notional income at Rs.15,000/- p.a and considering the average future income, the Tribunal assessed the income of the deceased at Rs.1,875/- p.m. The Tribunal, thereafter, deducted 1/3 amount therefrom towards the personal expenses and assessed Rs.1,250/- p.m to be the income of the deceased and at Rs.15,000/- p.a. Looking to the age of the deceased, the Tribunal adopted multiplier of 18 and awarded of Rs.2,70,000/- under the head of future economic loss. Over-and- above, the Tribunal has awarded Rs.10,000/- under the head of pain, shock and suffering, Rs.10,000/- under the head of loss of expectancy of life and Rs.2,000/- towards funeral expenses. Thus, in all Rs.2,92,000/- was awarded by the Tribunal.
6. As regards Anil Kantibhai Od, son of the petitioners of M.A.C.P. No.411/2003 is concerned, he being a minor, the Tribunal ought to have considered the notional income of the boy at Rs.15,000/- p.a. After deducting 1/2 therefrom towards personal expenses, the future economic loss should be assessed at Rs.7,500/- p.a. In view of the decision of the Supreme Court in the case of National Insurance Co. Ltd Vs. Shyam Singh and others, reported in AIR 2011 SC 3231 the age of the parents should be considered for determination of the multiplier.
7. Looking to the age of the mother of deceased Anil viz. 34 years, the claimants are entitled to multiplier of 16. Thus, Rs.1,20,000/- is required to be granted to the claimants as loss of dependency. Over and above, the claimants are also entitled to Rs.10,000/- under the head of loss of estate and Rs.5,000/- towards funeral expenses. Thus, in all the claimants are entitled to get Rs.1,35,000/- in Claim Petition No.411/2003 as against that the Tribunal has awarded Rs.2,92,000/- to the claimants. Therefore, there is an excess amount of Rs.1,57,000/- which is required to be refunded to the insurance company along with interest and costs.
8. As far as minor son Pradeep, who is son of Kodarsinh Udesinh Rathod, claimants of Claim Petition No.412/2003 is concerned, in view of the decision of the Supreme Court in the case of National Insurance Co. Ltd. Vs. Shyam Singh (Supra) as the age of the mother of Pradeep is 45 years, the multiplier should be 14. Thus, in all the claimants are entitled to get Rs.1,20,000/- in Claim Petition No.412/2003 as against that the Tribunal has awarded Rs.2,92,000/- to the claimants. Therefore, there is an excess amount of Rs.1,72,000/- which is required to be refunded to the insurance company along with interest and costs.
9. For the foregoing reasons, the following order is passed.
The First Appeal No.3750/2003 is partly allowed. The impugned award is modified to the extent that an amount of Rs.1,57,000/-/- shall be refunded to the appellant Insurance Company along with interest from the date of the application till its realization.
The First Appeal No.3751/2003 is partly allowed. The impugned award is modified to the extent that an amount of Rs.1,20,000/-/- shall be refunded to the appellant Insurance Company along with interest from the date of the application till its realization.
[ K. S. JHAVERI, J. ] vijay