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2017 DIGILAW 1245 (GUJ)

Mahendrabhai Bhikhabhai Pancholi v. G. S. R. T. C.

2017-07-04

Z.K.SAIYED

body2017
JUDGMENT : Z.K SAIYED, J. 1. This First Appeal is filed by the appellants under Section 173 of the Motor Vehicle Act praying for modifying the judgment and order dated 27.3.2008 passed by the learned Motor Accident Claim Tribunal (Auxi), Ahmedabad in Motor Accident Claim Petition No. 26 of 2003. He has prayed to award Rs. 1,00,000/- under the head of loss of estate, Rs. 1,00,000/- under the head of loss of love and affection and Rs. 50,000/- under the head of funeral expenses and has prayed for awarding compensation by applying multiplier of 18. 2. It is the case of the appellants that accident in question took place on 5.7.2002 The son of the appellants No. 1 and 2 was going from Ahmedabad to Sanand on his scooter bearing registration No. GJ-1-BS-1613 at around 10:00 hours, on Sanand highway, near Apana Warehouse, the driver of the opponent No. 1 came with S.T Bus bearing Registration No. GJ-18-V-6910 drove the vehicle in rash and negligent manner, at an excessive speed, endangering the human life from Sanand to Ahmedabad side. That due to excessive speed the driver lost the control over his vehicle and it dashed with the scooterist and went on wrong side and again dashed with the truck, resulting into it the scooterist fell down and sustained serious injuries and he succumbed the injuries. The complaint was also filed regarding the same before Sarkhej Police Station being C.R No. 139 of 2002. 3. Heard Ms. Dharitri Pancholi, learned advocate for the appellant and Mrs. Falguni D. Patel, learned advocate for the respondent No. 1. 4. Ms. Dharitri Pancholi, learned advocate appearing for H.L Patel Advocates for the appellants has submitted that the judgment and award passed by the Tribunal is improper, unjust and contrary to the provisions of law. She has submitted to consider; Rs. 4100*50% = 6150-one third (1/3) for personal expenses = Rs. 4100/- Rs. 4100*12*18 = Rs. 8,85,600/- Loss of Estate of Rs. 1,00,000/- Loss of love and affection Rs. 1,00,000/- Funeral expenses of Rs. 50,000/- She has submitted that total amount of compensation ought to have been Rs. 11,35,600 with 12% interest from the date of filing the claim petition. 4100*50% = 6150-one third (1/3) for personal expenses = Rs. 4100/- Rs. 4100*12*18 = Rs. 8,85,600/- Loss of Estate of Rs. 1,00,000/- Loss of love and affection Rs. 1,00,000/- Funeral expenses of Rs. 50,000/- She has submitted that total amount of compensation ought to have been Rs. 11,35,600 with 12% interest from the date of filing the claim petition. Lastly, she has submitted that learned Tribunal has committed an error in not considering the multiplier of 18 as per the decision in the case of Sarla Verma (Smt.) v. Delhi Transport Corporation, reported in (2009) 6 SCC 121 when sufficient evidence were produced on record. She, therefore, submitted that the award requires to be modified as prayed for. 5. Ms. Falguni Patel, learned advocate for respondent No. 1 submitted that the judgment and award passed by the learned Motor Accident Claim Tribunal, Ahmedabad, is just and proper and does not require any interference. She submitted that the Tribunal has correctly taken the income and has also applied the correct multiplier and the same requires no interference. 6. I have heard learned advocates for the respective parties at length and in great detail. I have perused the averments made in the memo of appeal. Before the Tribunal the appellants produced sufficient evidence regarding age which is just and proper. The choice of the multiplier is determined by the age of the claimant. The multiplier method is logically sound and legally well established. Hence this Court is inclined to award multiplier of 18 as per the decision in the case of Sarla Verma (Smt.) v. Delhi Transport Corporation, reported in (2009) 6 SCC 121 . Keeping that in mind, this Court is of the view that multiplier of 18 is just and proper and Rs. 25,000/- as loss of estate would be adequate in the present case. However, considering the facts of the case deduction towards personal expenses at the rate of; Rs. 4100 × 50%=6150-one half (1/2) for personal expenses 3075 Rs. 3075 × 12 × 18 = Rs. 6,64,200/- Thus the award deserves to be modified to the aforesaid extent. 7. In the result, the appeal is partly allowed. The respondent is directed to calculate the amount of compensation as per the above modification and deposit the same plus Rs. 25,000/- under the head of loss of estate. The rest of the award is not disturbed. 6,64,200/- Thus the award deserves to be modified to the aforesaid extent. 7. In the result, the appeal is partly allowed. The respondent is directed to calculate the amount of compensation as per the above modification and deposit the same plus Rs. 25,000/- under the head of loss of estate. The rest of the award is not disturbed. Rule is made absolute to the aforesaid extent. 8. Record and Proceedings, if any, be sent back to the trial Court concerned, forthwith.