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2016 DIGILAW 1487 (GUJ)

Ratanben Kanabhai Jadav v. Nathabhai B. Aahir

2016-07-26

R.P.DHOLARIA

body2016
JUDGMENT : R.P. Dholaria, J. 1. With the consent of learned advocates appearing for the parties, the matter is taken up for final disposal today. 2. The present appeal has been preferred by the appellants for enhancement of compensation awarded vide impugned judgment and award dated 16.12.2011 passed by learned Motor Accident Claims Tribunal (Aux.), Veraval camp at Una in Motor Accident Claim Petition No. 230 of 2001 wherein the learned Tribunal has awarded the compensation of Rs. 5,50,000/- to the claimants. 3. The appellants have, inter alia, contended that the learned Tribunal while awarding the amount of compensation has not considered appropriate multiplier applicable to the facts of the present case. It is further contended that learned Tribunal has not awarded just compensation on the non-pecuniary heads like loss of consortium, loss of estate and funeral expenses. It is further contended that learned Tribunal has awarded the interest at the rate of 7.5% p.a. which is not in commensurate with the bank rate and prevailing rate of interest to be awarded in such claim petition is 9% p.a., and therefore, it is contended that there are every chances of enhancement of compensation and has prayed to enhance the compensation, as such. 4. This Court has heard Ms. Kiran Pandey, learned advocate for the appellants and Mr. Rathin Raval, learned advocate for respondent No. 2 - insurance company. 5. Having heard learned advocates for the parties and having perused the impugned judgment and award, it appears that while awarding the amount of compensation, learned Tribunal has recorded the finding that the deceased was aged 35 years. Therefore, there is no dispute as regards to the age of the deceased. So far as the income of the deceased is concerned, his income is also assessed, inclusive of all, at Rs. 4000/- per month. Hence, the annual income of the deceased would come to Rs. 48,000/- (Rs. 4000 x 12 = Rs. 48,000/-). Taking into consideration the factual scenario, deducting personal and leaving expenses of the deceased and as there are six heirs and legal representatives of the deceased, 1/4th amount is required to be deducted for personal and leaving expenses of the deceased as if the deceased would have spent for his personal and leaving expenses and hence, the amount would come to Rs. 36,000/- (Rs. 48,000 - Rs. 12,000 = Rs. 36,000/-). 36,000/- (Rs. 48,000 - Rs. 12,000 = Rs. 36,000/-). The deceased was falling in the age group of 35 years, the appropriate multiplier of 16 is required to be applied, in view of guidelines laid down in the case of Sarla Verma v. Delhi Transport Corporation reported in (2009) 6 SCC 121 . Therefore, the amount would come to Rs. 5,76,000/- (Rs. 36,000 x 16 = Rs. 5,76,000/-. 5.1 The claimants are also entitled to Rs. 1,10,000/- towards non-pecuniary heads inclusive of loss of consortium, loss of estate and funeral expenses as laid down by the Honourable Apex Court as well as by this Court in series of decisions. Hence, the amount of compensation would come to Rs. 6,86,000/- (Rs. 5,76,000 + 1,10,000 = 6,86,000/-). Therefore, the claimants are entitled to Rs. 6,86,000/-. 6. Learned Tribunal has awarded interest at the rate of 7.5% p.a. However, this issue has been considered by the Honourable Apex Court and this Court in several decisions wherein general guideline is that rate of interest should be in commensurate with the bank rate and now all the Courts are consistent to award interest at the rate of 9% p.a., and therefore, interest is required to be enhanced from 7.5% to 9% p.a. 7. For the reasons recorded above, the First Appeal is hereby allowed. The impugned judgment and award passed by the learned Tribunal is hereby modified and enhanced from Rs. 5,50,000/- to 6,86,000/- and the claimants shall be entitled to recover from the respondents jointly and severally along with interest at the rate of 9% p.a., from the date of application till realization. If any deficit amount is yet to be deposited, the respondents are directed to deposit the same within a period of two months from today. The Registry is directed to return the R & P, if any, forthwith to the learned Tribunal.