1. This appeal has been preferred against the judgment and award dated 16.12.1999 passed by the Motor Accident Claims Tribunal [Aux.] Morvi, in M.A.C.P. No. 111 of 1990, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.4,98,000/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 11.03.1990 at around 1215 hours, while Balvantsang was standing near Village Makansar, at that time, truck bearing no. GQY 5285, driven by opponent no. 1, in a rash and negligent manner, knocked down the said Balvantsang, as a result of which, he sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. It appears from the record that the Tribunal has assessed the monthly notional income of the deceased at Rs.2,000/-. In my opinion, the said assessment made by the Tribunal is just and proper. Considering the fact that the claimant was doing labour work and was also an agriculturist, it appears that while assessing the prospective monthly income, the Tribunal has committed error inasmuch as it has not applied the principle laid down in the case of Sarla Dixit v. Balwant Yadav and Another, 1996 (3) SCC 179, in its proper perspective. Thus, if we follow the principle laid down in the case of Sarla Dixit (Supra) the prospective monthly income of the deceased would be Rs.3,000/-. Since the number of dependants are three, 1/3rd amount is required to be deducted, Therefore, the monthly dependency benefit would come to Rs.2,000/-, and annually Rs.24,000/- [2000 x 12]. At the time of accident, the deceased was aged 32 years and therefore, the multiplier of 16 adopted by the Tribunal is just and appropriate. Accordingly, the total income under the head of loss of dependency would come to Rs.3,84,000/- [24,000 X 16]. So far as income awarded under the other heads are concerned, learned counsel for the appellant has not challenged the same. Hence, the income awarded under all other heads are confirmed.
4. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimants, shall be entitled for total compensation of Rs. 4,02,000/- along with interest at the rate of 12% per annum from the date of application till its realization. The rest of the impugned award remains unaltered. The excess amount shall be refunded to the appellant Insurance Company along with interest @ 3% per annum. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/