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Judgment
Being aggrieved and dissatisfied by the judgment and award passed on 24.12.2014 by the Motor Accident Claims Tribunal (Aux) & 7th Additional Dist. Judge, Vadodara, the present appeal is
filed by the appellants-claimants under section 173 of the Motor Vehicles Act.
The following noteworthy facts can be culled out from the record of the appeal -
2.1 That on 30.08.2009, at about 10.15 am, when the deceased Gopalsinh was walking on the road between Chandod to Sinor, one mini luxury bus driven by respondent no.1 bearing RTO Registration No. GJ-18-U-9515 dashed with the deceased Gopalsinh and threw the deceased. The record indicates that the deceased received serious injuries and was taken to Chandod Government Hospital and thereafter to S.S.G. Hospital Vadodara and ultimately, succumbed to injuries. The record also indicates that FIR was lodged against driver of the luxury bus being C.R. No. I-189/09. The appellants- claimants preferred petition under section 166 and claimed compensation of Rs.15,00,000/-.
2.2 After appreciating the oral as well as documentary evidence, which were produced by way of deposition of appellant no.1 Shakuntalaben at exhibit 14, documentary evidence such as FIR exhibit 20, panchnama at exhibit 21, PM Note at exhibit 23 and other documents at exhibit 25 being copies of the revenue records and also considering the documentary evidence filed by the insurance company, insurance policy at exhibit 30 and
election card of the deceased at exhibit 34, the Tribunal by the impugned judgment and award while partly allowing the claim application awarded Rs.5,34,600/- along with 9% interest from the date of filing of the claim petition till its realisation. Being aggrieved by the same, the present appeal is filed.
Mr.Modi, learned counsel appearing for the appellant has raised the following contentions-
3.1 That the Tribunal has committed error in awarding only 30% prospective income. Mr. Modi contended that considering the age of the deceased, the prospective income should have been granted to the tune of 50% following the ratio laid down by the Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation reported in (2009) 6 SCC 121.
3.2 It was further submitted that a meager amount of Rs.25,000/- is granted under conventional heads which is very less and appropriate amount should be granted. According to Mr. Modi, the amount should be at least Rs.1,50,000/-.
Per contra, Mr. Ajay Mehta, learned counsel appearing for the respondent insurance company has supported the impugned award. Mr. Mehta further submitted that after appreciation of the evidence on record, the Tribunal has rightly
recorded that the prospective income in the facts of this case can only be granted to the tune of 30% and such conclusion is based on the binding decision of the Apex Court.
Mr. Mehta further contended that considering the date of accident being 30.08.2009, the amount of Rs.25,000/- granted under the conventional head is proper and no modification is required. Mr. Mehta thus contended that the appeal is meritless and the same deserves to be dismissed.
No other or further contentions are raised by the learned counsel appearing for the respective parties.
Perused the Record & Proceedings, also gone through the impugned judgment and award and upon re-appreciation of the evidence on record though the per month income is assessed by the Tribunal at Rs.3,500/- does not require any further elucidation. The fact remains that the Tribunal has granted 14 multiplier.
Following the ratio laid down by the Apex Court in the case of Sarla Verma (supra) therefore, 50% prospective income ought to have been granted by the Tribunal in the facts of this case and also considering the date of accident and the age of the deceased therefore, the compensation under the head of loss of future income would be as under -
Rs.3500/- (monthly income)+Rs.1750/- (50% prospective income) = Rs.5250/- - Rs.1750/- (1/3rd deduction towards personal expenses) = Rs.3500/- X 12=Rs.42000 X 14 (multiplier) = Rs.5,88,000/-
The record clearly indicates that the date of accident is 30.08.2009. The appellants have lost their mother in the accident and therefore, the amount of Rs.25,000/- awarded under conventional head is meager and less and upon re-appreciation of the evidence as a whole, it could safely be assessed at Rs.1,00,000/-.
Having come to the aforesaid conclusion therefore, the claimants would be entitled to total compensation of Rs.5,88,000/- under the head of loss of future income and Rs.1,00,000/- under conventional head, total of which comes to Rs.6,88,000/-. As the Tribunal has already awarded Rs. 5,34,600/-, the appellants would be entitled to Rs.1,53,400/- as additional compensation from the date of the claim petition till its realisation and proportionate cost.
The appeal is thus allowed partly. The insurance company shall deposit the additional amount with proportionate interest and cost as provided in this order within a period of eight weeks from today. No order as to costs.
Record & Proceedings be transmitted to the
Tribunal forthwith.