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Judgment
Dr. Ashokkumar C. Joshi, J
This First Appeal is filed by the appellants – original claimants under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 21.01.2017 passed in Motor Accident Claim Petition No. 998 of 2013 by the Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad, which was preferred under Section 166 of the MV Act, whereby, against a claim valued at Rs.15 lakh for the deceased, who succumbed to the injuries in an accident that had occurred on 16.08.2013 the Tribunal has awarded a sum of Rs.2,55,000/- with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant – original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.
The brief facts of the case are that on 16.8.2013 at about 9.00 A.M, the deceased Sunilbhai Budhabhai Rathod was traveling by Rickshaw bearing registration No. GJ-7-VW- 9938 and coming to the Nadiad and when he was passing through the place of incident, in the sim of Andhaj Village, at that time, driver of the S.T. Bus came driven by his offending S.T. Bus bearing registration No. GJ-18-Y-7520 in excessive speed, in rash and negligent manner and dashed with the rickshaw. In this accident, the deceased received serious injuries and succumbed to the injuries.
Though served, the respondent Nos. 2 and 3 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. H.K. Thakor for the appellants and learned advocate Mrs. Vasavdatta Bhatt for the respondent No. 1 and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 – insurance company.
The learned advocate Mr. H.K. Thakor for the appellants-claimants submits that the learned tribunal has erred in misreading and misconstruing the per month income of the deceased. He further argued that the learned tribunal has erred in calculating future loss of income as well as amount of consortium. He also prayed to enhance the awarded amount of the Tribunal.
As against this, the learned advocate for the respondent No. 5 – insurance company, while heavily opposing this appeal and supporting the impugned judgment and award, submitted that the impugned judgment and award being just and proper, no interference is required at the hands of this Court.
Regard being had to the submissions made and considering the averments made in the appeal as well as a perusal of the record reveal that the learned tribunal has erred in calculating future loss of income as well as amount of consortium. Further, the tribunal has erred in calculating per month income of Rs.1250/- and this Court considered the amount of per month income of the deceased Rs.5000/- Moreover, the amounts awarded under different heads are also required to be enhanced suitably as being trivial sum. Therefore, this appeal, is required to be allowed to that extent and the impugned judgment and award is required to be modified accordingly.
In the aforesaid backdrop, this appeal succeeds and is allowed accordingly. The impugned judgment and award is modified to the aforesaid extent and it is held that the appellants – claimants shall be entitled for the following towards compensation:
Head
Award of Tribunal (Rs.)
Modified Amt. (Rs.)
Actual Income
1250/-
5000/-
Future loss of income
2,40,000
5000 x40% = 2000
7000 – 1/3= 4667/-
4667x 12x 18
= 10,08,072/-
Deduction of amount spent by the deceased on himself
1/3
1/3
Multiplier
16
18
Loss of consortium
--
80,000/-
Loss to estate & funeral
10,000/- + 5,000/-
30,000/-
Total
2,55,000/-
11,18, 072/- 2,55,000/- (Amount awarded by learned Tribunal)
Enhanced amount
8,63,072/-
Interest Rate
6%
7.1 The difference amount shall be deposited within a period of 08 (eight) weeks.
7.2 This court is agreed with the arguments of learned advocate Mr. Karia for the Respondent No.3. The appellant – claimant shall be entitled to interest at the rate of 6% per annum on such enhanced amount of compensation, from the date of petition till realization.
7.3 The rest of the impugned judgment and award is not disturbed.
7.4 R&P, if received, be sent back forthwith.