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Judgment
A. J. Desai, J
By way of the present appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants - original claimants have challenged the judgment and award dated 30.6.2010 passed by learned Motor Accident Claims Tribunal (Main), Jamnagar in MACP No.662 of 2006. By the said award, the Tribunal has awarded an amount of Rs.8,46,608/- as compensation. The challenge by the appellants is only for the purpose of enhancing the amount of compensation awarded by the Tribunal.
The appeal came to be admitted on 19.4.2012. By an order dated 7.7.2022, this Court has called for the Records and Proceedings of MACP No.662 of 2006 from the Tribunal which has been received by the Registry and has been placed for perusal of this Court.
With the consent of learned advocates appearing for the respective parties, the present appeal is taken up for final disposal.
Short facts arise from the record are as under :-
4.1 One Ranchhodbhai Khimjibhai Dobariya (husband of appellant No.1 and father of appellant Nos.2 and 3) was going from Surendranagar to Surat on his Bullet Motorcycle No.GJ-10-L-6555 on 11.9.2006. When he reached near village Asodar, driver of Tanker No.MH-4-BU-6024 came from opposite direction in wrong side by driving the vehicle in rash and negligent manner and dashed with the Bullet due to which Ranchhodbhai died on the spot.
4.2 The appellants herein - legal heirs of Ranchhodbhai Dobariya filed claim petition before the Tribunal seeking compensation of Rs.34,50,000/-. The Tribunal after considering the oral as well as documentary evidence was pleased to award Rs.8,46,608/- as compensation.
4.3 Hence the present appeal.
Mr. Nitin M. Amin, learned advocate appearing for the appellants would submit that the learned Tribunal has erred in awarding only Rs.10,000/- towards loss of consortium, Rs.10,000/-towards loss of estate and Rs.5,000/- towards funeral expenses which is contrary to the Full Bench decision of the Hon'ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and others, 2017 (16) SCC 680, wherein while answering the reference, the Full Bench has issued certain guidelines regarding principle of standardization, determination of future prospects and selection of multiplier. He, therefore, would submit that the present appeal may be allowed and the compensation may be enhanced.
Mr. Palak Thakkar, learned advocate appearing for the defendant No.2 - Insurance Company has opposed the present appeal and would submit that if the amount of compensation is enhanced, interest at appropriate rate may be awarded.
Having heard learned advocates appearing for the respective parties and having gone through the impugned judgment and award as well as records and proceedings of the claim petition, we are of the opinion that the Tribunal has rightly considered the income of the deceased @ Rs.6040 and adding 30% towards future prospective income, same would come to Rs.7852/-. From the said amount, 1/3rd amount i.e. Rs.2617 was deducted towards personal expenses. Hence, the income of the deceased after deducting the above mentioned amount would come to Rs.5235 X 12 = Rs.62,820 p.a. Since the deceased was aged 49 years at the time of accident, multiplier of 13 was rightly applied by the learned Tribunal and hence, the appellants would be entitled to an amount of Rs.8,16,660/- under the head of loss of dependency.
Considering the ratio laid down by the Hon'ble Supreme Court in the case of Pranay Sethi (Supra), we are of the opinion that the learned Tribunal has erred in awarding amount of Rs.10,000/- towards loss of consortium to wife only, Rs.10,000/-towards loss of estate and Rs.5,000/- towards funeral expenses. In our opinion, as per the said decision of the Hon'ble Apex Court, as the deceased was survived by three persons - wife and two sons, each dependent person of the deceased would be entitled to an amount of Rs.40,000/- towards loss of consortium and Rs.15,000/-towards loss of estate and Rs.15,000/- towards funeral expenses. Hence, the appellants would be entitled to an amount of Rs.1,20,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses.
Hence, the present appeal stands partly allowed. The impugned judgment and award dated 30.6.2010 passed by learned Motor Accident Claims Tribunal (Main), Jamnagar in MACP No.662 of 2006 is modified to the extent that in all, the appellants would be entitled to an amount of Rs.9,66,660/- as compensation, whereas the learned Tribunal has awarded Rs.8,46,608/-. Therefore, the appellants would be entitled to an amount of Rs.1,20,000/- (making round figure of Rs.1,20,052/-) as enhanced compensation, in addition to what has been awarded by learned Tribunal. The defendant No.2 - Insurance Company is directed to deposit the enhanced amount of compensation i.e. Rs.1,20,000/- with the learned Tribunal with interest @ 6% p.a. from the date of application till its realization, within a period of 8 weeks from today.
Registry is directed to send back the Records and Proceedings to the learned Tribunal forthwith.