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2012 DIGILAW 305 (GUJ)

Kanchanben Bhanubhai v. Kanabhai K. Gajera

2012-04-02

K.S.JHAVERI

body2012
JUDGMENT : 1. This appeal is directed against the judgment and award dated 28.05.2001 passed by the Motor Accident Claims Tribunal (Main.), Bhavnagar in Motor Accident Claim Petition No. 724 of 1998 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs.330000/ along with interest at the rate of 12% per annum from the date of claim petition till realisation with proportionate costs. 2. On 17.08.1998, Bhanubhai Rajpara was coming towards Dhasa Gam by riding his cycle on correct side of the road. When he reached near Dhasa Gam, the Hero Honda Motorcycle No. GJ 4 J 1660 came in a rash and negligent manner and on wrong side dashed with him, causing him serious injuries. He died during the treatment. The legal heirs of the deceased therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of claimants for enhancement of compensation. 3. Learned advocate appearing for the claimants contended that the learned Tribunal committed error in deducting one half towards personal expenses for the loss of dependency benefit. He submitted that since the claimants are six, the learned Tribunal ought to have deducted one-fourth towards personal and living expenses. He placed reliance on the decision of the Hon'ble Supreme Court in case of Sarla Verma (Smt) and others v. Delhi State Road Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, wherein it is stated that where the deceased was married, the deduction should be one-fourth (¼th ) where the number of dependent family members is 4 to 6. According to him, by considering monthly income of Rs.5000/-, the prospective income would come to Rs.7500/-. By deducting ¼th towards personal and living expenses, the monthly loss of dependency benefit would come to Rs.5625/- and on annual basis it would come to Rs.67500/-. He further submitted that the multiplier of 12 applied by the learned Tribunal is on lower side. It should be 14, in view of decision in case of Sarla Verma (supra). Hence, by applying multiplier of 14 years, the future loss of income would come to Rs.945000/-. 4. Learned advocate for the respondent supported the judgment and award of the learned Tribunal and submitted that the appeal may be dismissed. 5. Heard learned advocates for the parties and perused the documents on record. 6. Hence, by applying multiplier of 14 years, the future loss of income would come to Rs.945000/-. 4. Learned advocate for the respondent supported the judgment and award of the learned Tribunal and submitted that the appeal may be dismissed. 5. Heard learned advocates for the parties and perused the documents on record. 6. As far as income in concerned, the learned Tribunal after considering the entire facts and circumstance of the case and evidence on record, has rightly assessed the income of Rs.3000/- per month. By deducting ¼th towards personal and living expenses, the dependency loss would come to Rs.2250/- and Rs.27000/- per year. As per Birth Certificate at Exh. 32, the deceased was 45 years old. The multiplier of 12 applied by the learned Tribunal is on lower side and it should be 14. By applying multiplier of 14 years in view of the principles laid down in case of Sarla Verma (Smt) , the future loss of income would come to Rs.378000/-. The Tribunal has awarded Rs.288000/- which is on lower side. 7. The amount of Rs.10,000/- for loss of consortium, Rs.10000/- towards loss to the estate, Rs.5000/- for loss of love and affection and Rs.22000/- towards medical expenses are just and proper and no interference is warranted. 8. For the foregoing reasons, it is held that claimants are entitled to a compensation of Rs.425000/- ( Rs.378000 /- towards future loss of income + Rs.10,000/- loss to the estate + Rs.10000/- for loss of consortium + Rs.5000/- towards loss of love and affection+ Rs.22,000/- medical expenses). However, the learned Tribunal has awarded a compensation of Rs.330000/-. Therefore, claimants shall be entitled to a further sum of Rs.95000/- ( Rs.425000/- Rs.330000/-) in addition to the amount already awarded to them by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs. Appeal partly allowed.