By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant-insurance company has challenged the judgment and order dated 26th April 2002 passed by the learned Motor Accident Claims Tribunal (Main) Kachchh at Gandhidham in MAC Petition No.339 of 2000 whereby the Tribunal has awarded Rs.3,08,500 to the claimants.
2 The short facts of the present appeal are that on 7th May 2000 one Devdan @ Gangu Arjan Ahir and deceased Ramji @ Shambhu Kana Lavariya were going on bullock cart from Chandroda to Mundra on the Highway. At about 22.15 hours when they travelled two kilometers from Chandroda, at that time, trailer bearing registration No.GJ 12 V 6901, being driven by original opponent No.1, dashed with the bullock cart because of which Ramji @ Shambhu Kana received serious injuries and succumbed to his injuries while Devdan @ Gangu Arjan Ahir also received serious injuries. The claimants, being parents of the deceased, filed the aforesaid claim petition claiming for compensation of Rs.7,70,000/- under various heads. The tribunal considering the oral as well as documentary evidence produced on record arrived Rs.2000 per month as the income of the deceased considering the oral evidence of the father of the deceased that deceased was earning Rs.100 to Rs.125 per day. After deducting 1/3rd amount from the said amount towards his personal expenses, he assessed Rs.16000 per per year. Looking to the age of the deceased at 17 at the time of the accident, he adopted the multiplier of 19 and assessed the amount of loss of dependency at Rs.3,04,000/-. He had also Rs.2,500 of obsequious ceremonies and Rs.2,000. Thus, the Tribunal awarded Rs.3,08,500 to the claimants. The appellant-Insurance Company challenged the same by filing the present appeal under Section 173 of the Motor Vehicles Act.
3. Heard learned counsel for the parties and perused the record.
4. Mr Vibhuti Nanavati, learned counsel for the appellant submitted that the learned Tribunal committed an error in relying upon the affidavit of the father of the deceased and also assertion made by him in his cross examination that the deceased was earnign Rs.100 - Rs.125 per day from relief work.
5. The Tribunal has committed an error in assessing the income of the deceased at the rate of Rs.2000 per month without there being any concrete evidence on record and further looking to the age of deceased to be 17 years, the Tribunal should have granted notional income which is generally considered for those who had no income prior to an accident at Rs 15,000 per annum. After reduction of 1/3rd amount of compensation on the assumption that the victim would have incurred the said amount towards maintaining himself had he been alive, the net income per annum would come to Rs.10,000. By applying the multiplier of 20, the total amount of compensation would come to Rs.2,00,000 plus Rs.4,500 along with interest at the rate of 9%.
6. In view of the aforesaid discussion, the judgment and award dated dated 26th April 2002 passed by the learned Motor Accident Claims Tribunal (Main) Kachchh at Gandhidham in MAC Petition No.339 of 2000 whereby the Tribunal has awarded Rs.3,08,500 to the claimants is modified to the extent that the claimants are entitled to Rs.2,04,500/- along with interest at the rate of 9% per annum. The excess amount is ordered to be refunded to the insurance company. Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd Top