Maharashtra State Road Transport Corporation v. Natthu s/o Raghodeo Pancham
2012-10-11
M.N.GILANI
body2012
DigiLaw.ai
Judgment The judgment and award dated 31/10/2002 passed by the Motor Accident Claims Tribunal, Nagpur is challenged in this first appeal. 2] One Vinod aged about 22 years, while travelling in city bus on 9.9.1993 fell down and as a result of injuries sustained by him, he died. His parents lodged claim for award of compensation of Rs.5,00,000/-. The learned Tribunal considering the age, income etc. of the deceased awarded compensation of Rs.2,84,136/-inclusive of no-fault liability claim. Aggrieved with this judgment and award the appellant – Maharashtra State Road Transport Corporation has filed this appeal. 3] Mr. Charpe, learned counsel appearing for the appellant contended that the Tribunal committed an error while assuming the loss of dependency and also wrongly applied the multiplier of 17. 4] Mr. Pophaly, learned counsel appearing for the respondents, supported the judgment and award. 5] The point that arises for my consideration is: Whether the learned Tribunal has correctly worked out the figure of loss of dependency and whether multiplier – 17 is applicable in the present case? 6] It seems that the learned Tribunal was justified in assuming the monthly income of the deceased at Rs.2,000/-p.m. despite the fact that it was stated by the father of the deceased that the deceased was earning Rs.1800/-per month. The deceased was unmarried. In that view of the matter, the deduction towards his personal and living expenses ought to have been 50% and not 1/3rd. As regards application of proper multiplier the Tribunal was right in applying the multiplier of 17. Hence the compensation which can be worked will be thus: Rs.24,000/-annual income. 50% deduction i.e. Rs.12,000/-. The loss of dependency Rs.12,000/-X 17 = 2,04,000/-. Considering the fact that parents lost their young son aged about 23 years, it will be appropriate to add Rs.25,000/-towards loss of love and affection & loss of estate. Rs.5,000/-towards funeral expenses. Therefore, reducing Rs.25,000/-towards no-fault liability, the total comes to Rs.2,09,000/-. 7] In the result, the appeal succeeds partly. The judgment and award passed by the Tribunal is modified. The claimants shall be held entitled to claim compensation of Rs.2,09,000/-with interest @ 9% p.a. From the date of filing of the appeal till its realisation. There shall be no order as to costs.