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Judgment
Dr. Ashokkumar C. Joshi, J
This First Appeal is filed by the appellant – original claimants under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 31.01.2017 passed in Motor Accident Claim Petition No. 625 of 2012 (old No. 294 of 2008) by the 2nd Motor Accident Claims Tribunal (Auxi.) Mahesana at Visnagar, which was preferred under Section 166 of the MV Act, whereby, against a claim valued at Rs.7 lakh in respect of accidental death that had occurred on 16.02.2008 the Tribunal has awarded a sum of Rs.4,48,000/- with interest at the rate of 9% per annum from the date of claim petition till realization. Hence, grieved claimants have filed this appeal on the point of quantum.
The brief facts of the case are that on 16.02.2008, deceased – Kamleshbhai Mafatlal Vaghela (Vaghri) was going by driving Motor cycle bearing registration No. GJ-1-EQ-2713 at about 9.45 to 10.30 p.m. to attend marriage ceremony on Visnagar- Kada road. The said vehicle was running in moderate speed and right side of the road, at that time a truck bearing registration No. GJ-02-Y-4536 came from back side in a rash and negligent manner and endanger human life and dashed with the said motor cycle on back side. As a result, deceased sustained grievous injuries on body and he was immediately taken to Civil Hospital, Visnagar and thereafter shifted in the Civil Hospital, Mahesana and during treatment he sucumbed to the injuries, hence post mortem was carried out on the same day.
Though the respondent No.1 is served, he has chosen not to appear and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Yogendra Thakore for the appellants- original claimants, learned advocate Mr. Amit Joshi for respondent No.2 and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 – Insurance company.
The learned advocate Mr. Yogendra Thakore for the appellants- claimants submits that the learned tribunal has erred in assessing the future loss of income and has committed grave error in granting compensation by misreading and misconstruing actual loss of income, loss of estate and loss of consortium. He further argued that the learned tribunal has erred in arriving at 1/3 towards personal expenditure of the deceased looking to the number of claimants. He also prayed to enhance the awarded amount of the Tribunal.
As against this, the learned advocate Mr. Tanmay Karia for the respondent No. 3 – 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 at the time of the accident the deceased - Kamlesh Mafatlal Vaghela (Vaghri) was 30 years healthy and by doing business earning Rs. 3,000/- per month. Furthermore, there are three dependents of the deceased, therefore, personal expenditure deduction would be 1/3. Moreover, the amounts awarded under different heads are also required to be enhanced suitably as being trivial some. 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.)
Future loss of income
-
-
Actual Income
3000/-
3000/-
Prospective Income
-
40%
Deduction of amount spent by the deceased on himself
1/3
1/3
Multiplier
17
17
Future loss of dependency
4,08,000/-
5,71,000/-
Pain, loss & suffering
10,000/-
Transportation & other expenses
20,000/-
Loss of consortium
Loss to estate & funeral
10,000/-
1,20,000/-
30,000/-
Total
4,48,000/-
7,21,000 – 4,48,000 (Amount awarded by learned Tribunal)
Enhanced amount
2,73,000/-
Interest Rate
6%
7.1 The difference amount shall be deposited within a period of 08 (eight) weeks.
7.2 The appellants – claimants shall be entitled to interest at the rate of 6% per annum on such enhanced amount of compensation, from the date of claim 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.