1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Kutch in Motor Accident Claims Petition No.224 of 1990, whereby the Tribunal has awarded Rs.7,20,900/- to original claimant with running interest at the rate of 15% p.a. from the date of the application till its realization.
2. The facts of the case is that on 13.02.1990, the deceased was going on his scooter and when he has crossed the T-junction and going on his right side, at that time, original opponent No.1 came by driving rashly and negligently bus No.GQE-9281 and dashed with the scooter of the deceased. As a result, the appellant sustained several injuries and died due to that injuries. Therefore, the appellants filed claim petition being Motor Accident Claims Petition No.224 of 1990 before the Motor Accident Claims Tribunal, Kutch for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in considering 10% contributory negligence of the deceased. He has further contended that the Tribunal has erred in assessing monthly income at Rs.6,000/-. He has further contended that the multiplier of 16 adopted by the Tribunal is on higher side.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. The Tribunal, after considering the documentary evidence as well as oral evidence, rightly held the original opponent No.1 90% liable for the accident and the deceased 10% liable for the accident.
8. It was the case of the applicants that the deceased was working as Transport Operator and was earning Rs.7500/- per month. The Tribunal, after relying on the vouchers and other documents considered monthly income of the deceased at Rs.6,000/-. The Tribunal has deducted 1/3 amount towards personal expenses and accordingly assessed annual income at Rs.48,000/-. In my view, the Tribunal has erred assessing the yearly dependency at Rs.48,000/-, in absence of any income tax return or other cogent proof establishing income. The Tribunal has adopted the multiplier of 16, but, considering the fact that the deceased was aged about 28 years at the time of accident, the multiplier of 17 ought to have been adopted. Therefore, total dependency would come at Rs.3,74,000/-.
9. The Tribunal has in awarding compensation of Rs.15,000/- for loss of consortium, Rs.15,000/- for loss to estate and Rs.3000/- for funeral expenses, but, the Tribunal ought to have awarded Rs.10,000/- for loss of consortium, Rs.10,000/- for loss to estate and Rs.5,000/- for funeral expenses. In all, the applicants are entitled to get compensation of Rs.3,99,000/-, but, considering the fact that the Tribunal has calculated 10% negligence of the deceased in accident, the applicants are entitled for Rs.3,59,100/-. The Tribunal has already awarded compensation of Rs.7,20,900/-, therefore, the balance amount of Rs.3,61,800/-, rounded to Rs.3,60,000/- are required to paid back to the appellant-Corporation.
10. In the premises, the balance amount of Rs.3,60,000/- will be paid back along with the interest, cost, if any to the appellant- Corporation. The appeal is allowed to the aforesaid extent. No order as to costs.
..mitesh..
[K.S.JHAVERI, J.]