AI Structured Summary
Not yet generated for this judgment
Judgment
M.D. Shah, J.—Mr. Shah, learned advocate for the appellant insurance company seeks permission to delete respondent No. 3 - owner of the offending vehicle as there is no dispute regarding policy. Permission is granted. This appeal has been filed by original opponent No. 3 - National Insurance Company Ltd. against the judgment and award dated 06.09.2012 passed by the Motor Accidents Claims Tribunal (Main), Panchmahals at Godhra in M.A.C.P. No. 1208 of 2007 by which the learned Tribunal has partly allowed the claim petition. Both the drivers of the vehicles are held 50% negligent for the accident.
The claim petition was filed by heirs and legal representatives of deceased- Jatinbhai claiming compensation of Rs. 15,50,000/- for death of the deceased in the accident which occurred on 06.04.2007. It was the case of the original claimants that deceased Jatinbhai was going on motorcycle as a pillion rider and Pranavbhai was driving the said motorcycle. When they reached at the place of accident, original opponent No. 1 came driving his truck in rash and negligent manner and as a result, motorcycle on which deceased was going as pillion rider hit with the rear side of the truck. Deceased sustained server injuries on various part of the body. He was admitted in hospital and thereafter he died.
After considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.
It is submitted by Mr. Shah, learned advocate for the appellant herein-National Insurance Company Ltd. that though deceased was bachelor, Tribunal has deducted 1/3rd amount towards personal expenses from the prospective monthly income and by that committed error. Hence, this appeal is filed by the appellant Insurance Company.
This Court has gone through the judgment and award dated 06.09.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record.
It is not in dispute that in the accident, deceased died. After discussing the evidence in detail, Tribunal has rightly come to the conclusion that driver of both vehicle are equally negligent for the accident. Driver is also not examined by the appellant-Insurance Company and so no error is committed by the Tribunal on the point of negligence. So far as quantum is concerned, this Court is in agreement with the submission of learned advocate for the appellant to the effect that though deceased was bachelor Tribunal has committed error in deducting 1/3rd amount towards personal expenses. This Court has gone through the decision of Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, As per the decision of the Hon''ble Supreme Court in the case of Sarla Verma (supra), when deceased is bachelor, 50% amount should be deducted towards personal expenses. So far as amount awarded by the Tribunal towards dependency loss is concerned, just and proper award is passed and this Court is not interfering with the same. Now if we deduct 50% amount towards personal expenses of the deceased from the prospective income, then the original claimants are entitled to get compensation of Rs. 4,74,000/- instead of Rs. 5,70,000/- awarded by the Tribunal. In view of above, the first appeal is partly allowed. The original claimants are entitled to get compensation of Rs. 4,74,000/- with interest @ 9% per annum on the said amount instead of Rs. 5,70,000/- as awarded by the Tribunal. Judgment and award dated 06.09.2012 passed by the Motor Accidents Claims Tribunal (Main), Panchmahals at Godhra in M.A.C.P. No. 1208 of 2007 is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. Record and Proceedings, if any, be sent to the concerned Tribunal forthwith. The excess amount deposited by the insurance company and lying with the bank in fixed deposit will be refunded to the present appellant-insurance company with interest.
No order in Civil Application and same is disposed of.