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Judgment
Honourable Mr. Justice Ks Jhaveri
The appellants herein have challenged the award dated 26.07.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claims Petition No. 196 of 1992 so far as the Tribunal awarded Rs. 4,00,000/-by way of compensation to the original claimant along with 15% interest.
It is the case of the appellants that on 03.02.1992 while the deceased was travelling in a rickshaw bearing registration no. GRS 1690, a truck bearing registration no. GRY 3688 driven by the original opponent no. 1 in a rash and negligent manner came from the opposite direction and collided with the rickshaw as a result of which the deceased was thrown off the vehicle and sustained serious injuries. He succumbed to those injuries. The claimants being legal heirs and representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 4,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
Mr. Sunil Parikh, learned advocate appearing for Mr. Rajni Mehta for the appellant submitted that the Tribunal erred in quantifying the award at Rs. 4,00,000/-. He submitted that the amount of three future operations of Rs. 30,000/-awarded by the Tribunal is wrongly granted and therefore the same is required to be quashed. He also submitted that the Tribunal erred in awarding Rs. 75000/-for actual loss of income and Rs. 25000/-for loss of enjoyment and amenities of life due to loss of limb. He submitted that the rate of interest of 15% is on higher side and the same is also required to be reduced.
Ms. J.S. Kadiya, learned advocate appearing for Mr. Qureshi for the respondent supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court. She submitted that the Tribunal has rightly assessed the amount of compensation.
The Tribunal has gone into the evidence in detail and has come to the conclusion that the accident in question happened because of the negligence of the driver of the truck. However, the amount of compensation awarded by the Tribunal is on higher side. The Tribunal has wrongly awarded Rs. 30000/-for future operations without there being any cogent evidence on record for the same. The Tribunal has also awarded a higher amount for actual loss of income. The income assessed by the Tribunal is Rs. 2000/-per month and therefore considering the days of hospitalization and the days he was bed ridden, the Tribunal ought not to have awarded more than Rs. 10000/-. Therefore, Rs. 65000/-is awarded in excess. Similarly, the Tribunal has also awarded Rs. 25000/-for loss of enjoyment and amenities of life due to loss of limb which is again duplication and the same deserves to be quashed.
Therefore the claimants are in all entitled to Rs. 2,80,000/-as compensation (Rs. 1,90,000 for future loss of income + Rs. 50000 for pain shock and suffering + Rs. 30000 for medical expenses, transportation and special diet + Rs. 10000 for actual loss of income).
The interest of 15% imposed by the Tribunal is on a higher side. This court is of the view that interest of 12% ought to have been imposed by the Tribunal. The award is required to be modified to the aforesaid extent.
Accordingly, appeal is partly allowed. The claimants shall be entitled to only Rs. 2,80,000/-by way of total compensation. The appellant shall be liable to pay interest @ 12% instead of 15% from the date of claim petition till realisation on the principal amount. The amount deposited by the appellants qua 3% interest shall be refunded. The balance amount along with proportionate interest shall be refunded to the appellants. The proportionate amount in FDR shall be paid to the claimants. The award of the Tribunal is modified accordingly. No order as to costs.