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2013 DIGILAW 493 (GUJ)

Kokilaben Bansilal Rana v. Balwantsinh Velubha

2013-08-12

M.D.SHAH

body2013
JUDGMENT : M.D. Shah, J. This appeal is filed against the judgment and award dated 19.7.2003 passed by learned Motor Accident Claims Tribunal, Ahmedabad (Rural) in M.A.C.Petition No. 741 of 1994. 2. The brief facts leading to filing of this appeal are such that on 19.2.1994 at about 3.30 p.m., deceased Bansilal Dhanjibhai Rana was proceeding towards S.T.stand road on the left side by walking and at that time one S.T.Bus No. GRS 8054 came from S.T.stand in rash and negligent manner and dashed with deceased Bansilal because of which he fell down and sustained severe injuries on the head and he succumbed to the injuries. Therefore, the legal heirs of deceased Bansilal filed the above referred claim petition which was decided by the judgment and award referred herein above, wherein the learned Tribunal awarded Rs.3,31,880/- from all the opponents jointly and severally with 9% interest per annum from the date of the petition till realization. Hence, this appeal is filed for enhancement of the said compensation. 3. Heard learned advocates for the parties. Learned advocate Ms. Acharya for the appellants submits that the learned Tribunal has not applied multiplier properly and by that committed error in awarding compensation at lower rate. She also submits that in view of the judgment delivered in the case of Sarla Verma (Smt) and others v. Delhi Transport Corporation and Another, reported in ( 2009(6) SCC 121 , ?th of the income should be deducted towards personal expenses of the deceased and the learned Tribunal has committed error in deducting ?rd towards personal expenses and by that committed error and hence this appeal is required to be allowed. Learned advocate Mrs. Bhatt appearing for respondent no. 2 submits that the award is just and proper and not required to be interfered with by this Court and prayed to dismiss this appeal. 4. On perusing the facts of the case, there are seven dependents including the widow mother and so, in opinion of this Court, ?th should be deducted towards personal expenses and considering the age of the deceased 16 years multiplier should be applied for calculating the compensation as per the decision in the case of Sarla Verma (supra) instead of 15 multiplier as applied by the learned Tribunal. So considering the dependency after deducting ?th towards personal expenses from the income of Rs.2,500/- which would come to Rs.2,000/-, and considering the multiplier of 16, the dependency loss would come to Rs.3,84,000/- and adding the compensation awarded under other heads by the learned Tribunal, the total amount of compensation would come to Rs.4,16,000/- i.e. Rs.84,120/- more as awarded by the learned Tribunal which is rounded off to Rs.85,000/-. 5. In view of the above, this appeal is partly allowed. The judgment and award dated 19.7.2003 passed by learned Motor Accident Claims Tribunal, Ahmedabad (Rural) in M.A.C.Petition No. 741 of 1994 is modified to the extent that the claimants are entitled to get compensation of Rs.4,16,000/- (Rs.3,31,880/- as awarded by learned Tribunal + Rs.85,000/- enhanced in this appeal). Rest of the judgment and award remains unaltered. Appeal partly allowed.