1. This appeal has been preferred against the judgment and award dated 15.01.2004 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in M.A.C.P. No. 312/2003 filed u/s.163-A of the M.V. Act whereby, the claim petition was allowed and respondents no.1 & 2, original claimants, were awarded total compensation of Rs.2,04,500/- along with interest at the rate of 9% per annum from the date of application till realization and costs.
2. The facts in brief are that on 10.05.2003 at around 1700 hrs. while Vidhiben Vasantbhai Parmar, aged about 05 (five) years, was going on foot along with his brother on the Bhuj - Mandvi Road, a Jeep bearing registration No. GJ-10-F-5049 driven by respondent no.3, owned by respondent no.4 and insured with the appellant-Company, dashed minor Vidhiben. As a result thereof, minor Vidhiben sustained severe bodily injuries and ultimately, succumbed to it. The legal heirs of the deceased filed the claim petition u/s.163-A of the said Act, which came to be allowed by way of the impugned award. Hence, this appeal.
3. The main contention raised on behalf of the appellant-Insurance Company is that the Tribunal erred in computing income under the head of dependency benefit inasmuch as though the deceased was a minor aged about 05 years at the time of accident, the Tribunal assessed her annual income at Rs.30,000/-.
4. Heard learned counsel for the respective parties and perused the documents on record. It is a matter of record that the deceased was aged about 05 (five) years at the time of accident. However, the Tribunal assessed the annual income of the deceased at Rs.30,000/- when it ought to have assessed it at Rs.15,000/-. Thus, considering the age of the deceased, the annual income is assessed at Rs.15,000/- and after deducting 1/3rd amount towards personal expenses, the dependency benefit would come to Rs.10,000/- annually. The multiplier of 15 adopted by the Tribunal is appropriate and hence, the total amount under loss of dependency would come to Rs.1,50,000/-. However, the Tribunal has awarded Rs.2,00,000/- under the said head. Hence, the excess amount of Rs.50,000/- is required to be refunded to the appellant-Insurance Company and so far as the amounts awarded under the other heads are concerned, viz. Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate, the same are not disturbed and hence, the claimants shall be entitled for total compensation of Rs.1,54,500/- along with interest at the rate of 9% per annum from the date of application till its realization and costs.
5. In the result, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that respondents no.1 & 2, original claimants, shall be entitled for total compensation of Rs.1,54,500/- along with interest at the rate of 9% per annum from the date of application till its realization and costs. The Tribunal shall refund the excess amount of Rs.50,000/- [Rupees fifty thousand only] lying with it to the appellant-Insurance Company. The appeal stands disposed of accordingly.
[K.
S. JHAVERI, J.] Pravin/* Top