Gujarat State Road Transport Corporation vs Jagannath Gorakhanath and Others

R.C. Mankad, J.—This appeal by the Gujarat State Road Transport Corporation is directed against the judgment and award passed by the

Motor Accident Claims Tribunal (Aux) No. 4 at Ahmedabad awarding a total compensation of Rs. 56,000/- to the respondents Nos. 1 to 4 are

original claimants. The claim in the appeal is restricted to Rs. 15,000/-. In other words, the appellant is not challenging the entire award but restricts

its claim to Rs. 15,000/- out of the amount awarded.

Respondents Nos. 1 to 4 the claimants are awarded compensation for the death of deceased Nirmalaben who was wife of respondent No. 1

and mother of respondents Nos. 2 to 4. Two contentions are raised on behalf of the appellant, namely, (i) that the Tribunal has erred in assessing

the income of the deceased at Rs. 400/- per month and (ii) that it has also erred in awarding compensation of Rs. 15,000/- for loss of consortium

etc. in addition to loss of economic utility of the deceased. We do not consider it necessary to go into the questions whether or not the deceased

was earning any income as urged on behalf of the claimants. Even assuming for the sake of argument that she was not engaged in any profession

which earned her some income, we are of the opinion that the value of the services rendered by her to her family can be safely assessed at the

minimum figure of Rs. 300/- per month. If the value of the services rendered by the deceased is so assessed, the annual loss to the claimants as a

result of loss of such services would come to Rs. 3,600/-Having regard to the age of the deceased, it would be proper to apply multiplier of 15 to

this annual loss for the purpose of working out the economic loss to the claimants. Thus the economic loss to the claimants would work out to Rs.

54,000/-. In addition to this compensation for economic loss the claimants are entitled to compensation of Rs. 5,000/- under the head ""Loss of

Expectancy of Life"". Thus the total compensation that could have been awarded to the claimants to Rs. 59,000/-. As against this amount of

compensation payable to the claimants the Tribunal has awarded total compensation of Rs. 56,000/ Under the circumstances, we do not consider

it necessary to examine various contentions raised by the appellant in this appeal. The total amount of compensation awarded by the Tribunal

appears to be fair and reasonable and does not call for any interference by this Court in this appeal.

In the result, this appeal fails and is dismissed