JYOTIBEN YOGESHKUMAR PATEL v. JAYANTIBHAI JAMUBHAI RATHOD
2018-01-25
BIREN VAISHNAV, M.R.SHAH
body2018
DigiLaw.ai
JUDGMENT : MR.JUSTICE M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Award dated 30/6/2010 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Surat passed in Motor Accident Claim Petition No. 145 of 2001, by which the learned tribunal has partly allowed the said claim petition and has awarded total sum of Rs.13,13,000/- towards compensation for the death of deceased Yogeshkumar Ditabhai Patel, original claimants have preferred the present First Appeal to enhance the amount of compensation. 2. Heard the learned advocates appearing on behalf of the respective parties at length. We have perused the impugned Judgment and Award passed by the learned tribunal. We have also re-appreciated the entire evidence on record. 3. At the outset, it is required to be noted that at the time of accident the deceased was aged 35 years and was serving as a senior electrician in Hokin Kons Company and was receiving salary of Rs.9000/- per month. He was having qualification of I.T.I. Electrician and was also having license of wireman. 4. That by the impugned Judgment and award the learned tribunal has awarded Rs.12,96,000/- towards loss of dependency assessing and/or considering the income of the deceased at Rs.9000/- per month and after deducting 1/4th towards personal expenses of the deceased and thereafter applying multiplier of 16, the learned tribunal has awarded Rs.12,96,000/- under the head of loss of dependency. The learned tribunal also awarded Rs.5000/- under the head of loss of estate; Rs.10,000/- under the head of loss of consortium and Rs.2000/- under the head of funeral expenses. Thus, the learned tribunal awarded total sum of Rs.13,13,000/- with interest thereon at the rat of 9% per annum from the date of filing of the claim petition till realization. 5. Having heard the learned advocates appearing on behalf of the respective parties and considering the evidence on record, it cannot be said that the learned tribunal has committed any error in assessing the income of the deceased at Rs.9000/- per month. It is the case on behalf of the original claimants that the revised salary of the deceased was Rs.12,811/- is not believed by the learned tribunal.
It is the case on behalf of the original claimants that the revised salary of the deceased was Rs.12,811/- is not believed by the learned tribunal. In absence of any cogent evidence on record, the learned advocate appearing on behalf of the original claimants has fairly conceded that the case of the original claimants that the revised salary of the deceased was Rs.12,811/- per month has not been established and proved by leading cogent evidence. Under the circumstances, at the time of death due to accident the income / salary of the deceased is to be considered at Rs.9000/- per month. Considering the recent decision of the Hon'ble Supreme Court in the case of National Insurance Company Limited Versus Pranay Sethi and others, reported in (2017) 3 GLH 536 as the deceased was aged 34 years i.e. below 40 years, 50% of the aforesaid income is required to be added towards future prospects, which would come to Rs.13,500/- per month. Looking to the number of claimants, 1/4th of the aforesaid income of the deceased is required to be deducted towards personal expenses of the deceased and therefore, loss of dependency would come to Rs.10,125/- per month. Applying multiplier of 16, the original claimants shall be entitled to Rs.19,44,000/- towards loss of dependency, instead of Rs.12,96,000/- as awarded by the learned tribunal. The original claimants shall also be entitled to total sum of Rs.70,000/- in all under the conventional heads. Thus, the original claimants shall be entitled to Rs.20,14,000/-, instead of Rs.13,13,000/- as awarded by the learned tribunal. To the aforesaid extent, the impugned Judgment and order passed by the learned tribunal is required to be modified and the present appeal is required to be allowed in part to the aforesaid extent. 6. In view of the above and for the reasons stated above, present appeal succeeds in part. The impugned Judgment and Award dated 30/6/2010 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Surat passed in Motor Accident Claim Petition No. 145 of 2001 is hereby modified to the aforesaid extent and it is held that the original claimants shall be entitled to a total compensation of Rs.20,14,000/- with interest thereon at the rate of 9% per annum from the date of filing of the claim petition till realization. Present First Appeal is partly allowed to the aforesaid extent.
Present First Appeal is partly allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs.