1. The appellants herein have challenged the award dated 20.10.1995 passed by the Motor Accident Claims Tribunal (Aux), Vadodara in Motor Accident Claims Petition No. 154 of 1993 so far as the Tribunal awarded Rs. 2,49,000/- by way of compensation to the original claimants along with 12% interest.
2. It is the case of the appellants that on 06.06.1992 while the deceased Valibhai was riding pillion on a scooter driven by the original opponent no. 1 in a rash and negligent manner, as a result of which the scooter hit a tanker and Shri Valibhai sustained serious injuries. He succumbed to the said injuries. The claimants being legal heirs filed claim petition for compensation to the tune of Rs. 3,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Amin, learned advocate appearing for Ms. Amee Yajnik for the appellant submitted that the Tribunal erred in quantifying the award at Rs. 2,49,000/- . He submitted that the award of the Tribunal is grossly exaggerated. He submitted that the Tribunal future loss of income of Rs. 2,52,000/- awarded by the Tribunal is on the higher side and therefore the same is required to be reduced. He submitted that considering the income of Rs. 1900 per month, the Tribunal ought to have deducted 1/3 for dependency loss which comes to Rs. 1267/- whereas the Tribunal has deducted only Rs. 500/-. The multiplier of 15 as adopted by the Tribunal is on higher side and the same is also required to be reduced.
5. The Tribunal has gone into the evidence in detail and has come to the conclusion that the accident in question happened because of the negligence of the driver of the scooter. However, the dependency loss assessed by the Tribunal seems to be on a higher side. The income of the claimant is assessed at Rs. 1900/- per month. The same is just and proper. Nothing is pointed out to take a contrary view. The Tribunal ought to have deducted 1/3 for dependency benefits and the amount accordingly comes to Rs. 1266/- per month and Rs.15,192/- per annum. The multiplierof 15 is on higher side in view of the decision of the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121. The just and proper multiplier shall be 14. Considering multiplier of 14, the future loss of income comes to Rs. 2,12,688/-. Against this, the Tribunal has awarded Rs. 2,52,000/- and therefore Rs. 39,312/- is excessive.
8. As regards the rest of the awards under various heads are just and proper and no interference is required. Therefore an amount of Rs. 39,312/- is awarded to the claimants in excess and the same is required to be refunded to the appellant-insurance company.
9. Accordingly, appeal is partly allowed. The appellant insurance company shall be entitled to a refund of Rs. 39,312/- along with proportionate interests. However, if the amount is withdrawn by the claimants, the same shall not be recovered. It shall be open to the insurance company to recover the same from the owner of the vehicle in question. The proportionate amount in FDR shall be paid to the claimants. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//