Savankumar Jigneshbhai Chokshi v. Puransing Premsing Rajput
2015-05-04
MOHINDER PAL
body2015
DigiLaw.ai
JUDGMENT Mohinder Pal, J. 1. This appeal has been preferred by the appellants challenging the award dated 11.02.2005 passed by the Motor Accident Claims Tribunal (Auxi.), Vadodara in Motor Accident Claim Petition No. 482 of 1996 whereby the Tribunal has awarded compensation of Rs. 2,83,000/- with interest @ 9% per annum. 2. Brief facts of this case are that, on 02.02.1996 deceased was driving Jeep No. GJ-7A-3546 at slow speed with care and caution. At that time, a luxury bus No. GJ-7T-4285, while overtaking one vehicle, came from front and dashed with the jeep driven by deceased. As a result of the accident, deceased sustained serious injuries and died during treatment. Thereupon, claimants preferred a petition for compensation of Rs. 20 lakh. However, the Tribunal awarded Rs. 2,83,000/- as aforesaid. 3. Learned counsel for the claimants submitted that deceased was doing the work of electrician and was entitled to more compensation than awarded by the Tribunal. The Tribunal has considered his monthly income at the rate of Rs. 1500/- per month and added 50% rise towards future prospective income, which comes to Rs. 2250/- per month and deducted 1/3rd being personal expenses and applied multiplier of 15 by which it has awarded Rs. 2,70,000/- as compensation. The Tribunal further awarded Rs. 10,000/- towards expectation of life and Rs. 3000/- as funeral expenses. According to learned counsel for the claimants, in view of the decision of the Apex Court in Sarla Verma reported in 2009 (6) SCC 121 , appropriate multiplier considering the age of deceased would be 17 instead of 15. 4. Learned counsel for the respondents is not in a position to dispute the above position in view of the decision of the Apex Court in Sarla Verma case (supra). 5. Heard. Going by the ratio of decision of Sarla Verma (supra), out of Rs. 2250/-, if 1/4 is deducted towards personal expenses, which comes to Rs. 562/-, then monthly dependency loss comes to Rs. 1688/-, round off Rs. 1700/-, and annual dependency comes to Rs. 20,400/-. If multiplier of 17 is applied as age of deceased was 26 years at the time of accident, then total loss of dependency comes to Rs. 3,46,800/-. According to learned counsel, the Tribunal has also erred in not granting any amount towards loss of love & affection and consortium.
1700/-, and annual dependency comes to Rs. 20,400/-. If multiplier of 17 is applied as age of deceased was 26 years at the time of accident, then total loss of dependency comes to Rs. 3,46,800/-. According to learned counsel, the Tribunal has also erred in not granting any amount towards loss of love & affection and consortium. So, considering the year of accident, it was reasonable to grant in all Rs. 50,000/- under conventional head and Rs. 5000/- as funeral expenses. Therefore, the claimants are entitled to get compensation as under: Rs. 3,46,800/- loss of dependency benefits Rs. 50,000/- conventional amount Rs. 5,000/- funeral expenses Rs. 4,01,800/- 6. The Tribunal has awarded Rs. 2,83,000/-. In view of the fact that the claimants are entitled to Rs. 4,01,800/-, as can be seen from the aforementioned para, the respondent Insurance Company is liable to make the balance amount of Rs. 1,18,800/-. 7. In the result, this appeal is allowed. The respondent Insurance Company is ordered to make the balance payment of Rs. 1,18,800/- to the claimants with 9% interest per annum from the date of claim petition till realization, within a period of two months from the date of receipt of a copy of this order. Appeal allowed.