Umaben Kanubhai Patel and Others vs Shambhusinh Tejsinh Rajput and Others

M.D. Shah, J.—By this first appeal, the appellants herein-original claimants have challenged the common judgment and award dated 05.03.2008 passed by the Motor Accident Claim Tribunal (Auxiliary) and Presiding Officer, Fast Track Court No. 1, Valsad in Motor Accident Claim Petition No. 222 of 2004, whereby the learned Tribunal has partly allowed the claim petition and passed the award against the present respondents. M.A.C.P. No. 222 of 2004 along with other claim petitions have been filed by the different claimants. The present applicants are original claimants of M.A.C.P. No. 222 of 2004. Deceased-Kanubhai Sukhabhai Patel met with an accident. He had sustained grievous injuries and ultimately, succumbed injuries. The present applicant is wife of deceased-Kanubhai Sukhabhai Patel and applicant Nos. 2 and 3 are children and applicant No. 4 is mother of the deceased.

The brief facts of the prosecution are that on 30.07.2004, at about 2:30 hours, the deceased along with injured persons were coming to Atul from their house in Jeep bearing Registration No. GJ-15-4379 for going to their duty in Atik Company. Opponent No. 4 was driving the said jeep carefully and by complying the traffic rules and was going after showing the signal for turning at the place of incident that means on National Highway Road by turning near first gate of Atul for going to Atik Company. Opponent No. 1 was driving his tempo bearing Registration No. GJ-15-T-1395 with speed, and in such way that life of a person may be endangered and the driver of the jeep was turning from the signal given for turning. At that time, without caring, the driver of the tempo dashed with the jeep from backside and got it turned turtle and occurred incident and because of which Fatesinh Durlabhbhai Solanki had received serious injuries and deceased-Kanubhai Sukhabhai Patel expired.

After recording and considering the overall documentary evidence, the learned Tribunal has awarded Rs. 5,81,000/- in favour of the present applicants and partly allowed. Hence, the present appeal is filed before this Court for enhancement of compensation.

Heard the learned counsel for the respective parties. This Court has gone through the common judgment and award dated 05.03.2008 passed by the learned Tribunal together with oral as well as documentary evidence on record.

Considering the facts and circumstances, this Court gone through the judgment and award of the learned Tribunal. The policy is not dispute in the matter. The Insurance Company has not preferred any appeal against the judgment and award of the learned Tribunal. At the time of accident, the deceased was 46 years. He was working in Atik Limited Company and was earning of Rs. 7,000/- per month. For calculating the compensation, the learned Tribunal has committed an error in not considering the prospective income of the deceased. Considering the income of the deceased, age of the deceased multiplier will be 13. Considering the evidence on record and ratio laid down by the Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , it would be just and proper to award Rs. 2,00,000/- as additional compensation to the appellants-original claimants and it would meet the ends of justice. The learned Tribunal has committed an error in deducting 2/3 amount towards personal expenses of the deceased and passed award. This Court has gone through the decision of Hon''ble Apex Court in the case of Sarla Verma (supra). In view of the matter, the learned Tribunal has committed an error in not considering the prospective income of the deceased. In view of above, the first appeal is partly allowed. The appellants-original claimants are entitled to get additional compensation of Rs. 2,00,000/- with 9% interest per annum on the additional compensation from the date of filing of the claim petition. The judgment and award dated 05.03.2008 passed by the Motor Accident Claim Tribunal (Auxiliary) and Presiding Officer, Fast Track Court No. 1, Valsad in Motor Accident Claim Petition No. 222 of 2 004 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 First Appeal is partly allowed.