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2012 DIGILAW 303 (GUJ)

Oriental Insurance Co. Ltd v. Pravinchandra Maganlal Nayak

2012-04-02

K.S.JHAVERI

body2012
JUDGMENT : 1. This appeal has been preferred against the judgment and award dated 31.01.2005 passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) at Navrangpura in M.A.C.P. No.562/1994 whereby, the claim petition was allowed in part and respondents no.1 & 2, original applicants, were awarded total compensation of Rs.5,26,800/- along with interest at the rate of 9% per annum from the date of application till its realisation with proportionate costs. 2. The aforesaid claim petition was filed in connection with the vehicular accident that took place on 22.12.1993 in which Rajeshbhai Pravinchandra Nayak had expired. 3. The main contention raised on behalf of the appellant-Insurance Company is that the amount awarded under the head of loss of dependency is on the higher side as the same is contrary to the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121 . So far as compensation awarded under the other heads are concerned, the same has not been disputed by the appellant. 4. Heard learned counsel for the parties. While computing dependency benefit, it appears that the Tribunal has deducted ?rd towards personal living expenses of deceased instead of ½ in view of the decision rendered in Sarla Verma's case (supra). Since the parents are the claimants, the multiplier of 11 should have been adopted considering the age of mother of deceased at the time of accident. Accordingly, if we assess the prospective monthly income of deceased at Rs.3,500/-, the monthly loss of dependency would come to Rs.1,750/- and annual loss of dependency at Rs.21,000/-. By adopting the multiplier of 11, the total amount under the head of loss of dependency would come to Rs.2,31,000/-. However, the Tribunal has awarded Rs.4,96,800/- under the above head. Hence, the excess amount awarded under the head of loss of dependency is required to be refunded. So far as compensation awarded under the other heads are concerned, the same are just and appropriate and hence, I find no reasons to disturb the same. 5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for total compensation of Rs.2,61,000/- [Rupees Two lacs sixty one thousand only] along with interest and costs, . The impugned award stands modified to the above extent. 5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for total compensation of Rs.2,61,000/- [Rupees Two lacs sixty one thousand only] along with interest and costs, . The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. Appeal partly allowed.