1. By way of this appeal, the present appellants have challenged the judgment and award dated 15.11.1995, passed by the Motor Accident Claims Tribunal(Auxiliary), Kutch, in MACP No.72 of 1989, whereby the tribunal has awarded compensation in the sum of Rs.4,09,000/- to the claimant with interest at the rate of 15% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 02.11.1988, the deceased was going by driving his scooter No.GUX-4480 and at that time, one bus No.GTY-8606 came suddenly from another road and lost control over the bus and dashed with the scooter of the decased. As a result thereof, the deceased sustained grievous injuries and died. Therefore, the claimants filed claim petition being M.A.C.P. No. 72 of 1989, before the Tribunal for compensation.
3. The Tribunal after hearing learned advocates for both the parties and after perusing the record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred.
4. Learned advocate for the appellant has contended that the Tribunal has erred in adopting the multiplier of 20. He has further contended that the amount of Rs.20,000/- awarded by the Tribunal under the head of loss to estate is on higher side.
5. Learned advocate for the respondents has submitted that the Tribunal has not considered prospective income of the deceased. He has further contended that the Tribunal was justified in adopting the multiplier of 20.
6. I have heard learned advocates for the respective parties and perused the materials produced on record. Learned advocate for the appellant has mainly contended the quantum of the award. The Tribunal has taken into consideration the monthly income of the deceased at Rs.2400/-, but, has not considered the prospective income. At the time of accident, the deceased was aged about 30 years, and therefore, considering the ratio laid down by Apex Court in case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121, a rise of 30% in the income is required to be considered, which would come to Rs.3120/-. Now, by deducting 1/3 amount towards personal expenses, the monthly dependency comes to Rs.2080/- and accordingly the annual dependency comes to Rs.24,960/-. Considering the fact that the age of the accused was 30 years and the accident is of the year 1988, the multiplier of 14 ought to have been adopted instead of 20. Hence, total dependency comes to Rs.3,49,440/-.
7. From the record, it appears that the Tribunal has awarded Rs.20,000/- towards loss to estate and Rs.5,000/- for funeral expenses, but, the Tribunal has not granted any amount towards loss of consortium. The original applicants are entitled for Rs.10,000/- under the head of loss to estate, Rs.10,000/- under the head of loss of consortium and Rs.5,000/- under the head of expenditure for obsequious ceremony. In all, original applicants is entitled to the sum of Rs.3,74,440/- [Rs.3,49,440/- + Rs.10,000/- + Rs.10,000/-
+ Rs.5,000/-]. As the Tribunal has already awarded Rs.4,09,000/-, the balance amount of Rs.34,560/- is required to be paid back to the appellants. While awarding the amount of compensation, the interest at the rate of 15% awarded by the Tribunal appears to be on higher side. I am therefore, of the opinion that the ends of the justice would be met, if the same is reduced to 12% per annum.
8. In view of the above, the appeal is party allowed. The impugned passed by the Tribunal is modified to the extent that a total amount of Rs.34,560/- is ordered to be reduced from the total compensation awarded to the claimants and accordingly the claimants are only entitled for total compensation of Rs.3,74,440/- along with interest at the rate of 12% per annum from the date of application till realization and proportionate cost. The excess amount of Rs.34,560/- shall be refunded to the appellants along with interest at the rate 15% per annum and interest at the rate of 3% on Rs.3,74,440/-. The decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]