National Insurance Co. Ltd. vs Udamsing Pradhansing Shikh and Others

M.D. Shah, J.—This appeal has been filed by original opponent no. 2 - National Insurance Company Ltd. against the judgment and award dated 25.10.2012 passed by the Motor Accidents Claims Tribunal (Auxi.), Ahmedabad (Rural) in M.A.C.P. No. 1363 of 2001. The claim petition was filed by the parents of the deceased-Jitusing Udamsing who was 21 years old. It is the case of the claimants that deceased was working as cleaner in the offending vehicle No. GJ-9Y-5231 having monthly salary of Rs. 3000/-. On 10.10.2001 at about 12.30 a.m., when the aforesaid offending vehicle was being driven by Mahammad Khoja rashly and negligently at excessive speed and deceased-Jitusingh was sitting as cleaner was going towards Hirapur Village on Ahmedabad to Mohamedabad highway, the said vehicle turtled down as the driver of the vehicle lost control over the vehicle. In the said accident deceased-Jitusingh received serious injuries. He was admitted in hospital and thereafter he died.

After considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

It is submitted by Mr. Shah, learned advocate for the appellant herein-National Insurance Company Ltd. that that learned Tribunal has not properly appreciated evidence on record. It is also submitted that Tribunal has committed error in calculating income of the deceased as the father of the deceased has admitted that he has no proof to show that his son was working as Cleaner in the vehicle. It is also submitted that proper multiplier is also not properly applied by the Tribunal. Therefore, it is requested to allow the appeal.

This Court has gone through the judgment and award dated 25.10.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record.

It is not in dispute that in the accident, deceased died. Age of the deceased at the time of accident was 21 years. It is admitted fact that deceased was bachelor. This Court has gone through the decision of Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, Considering the decision of the Hon''ble Supreme Court in the case of Sarla Verma (supra), suitable multiplier would be 16 considering the fact that deceased was bachelor and parents are dependents and Tribunal has committed error in applying 18 multiplier. So far as on the point of income and negligence is concerned, Tribunal after considering relevant factors rightly came to the conclusion that deceased was earning Rs. 2100/- per month and driver of the offending vehicle was sole negligent for the accident. Considering the fact that deceased was bachelor and applying 16 multiplier, in opinion of this Court, the original claimants are entitled to get compensation of Rs. 4,03,200/- instead of Rs. 4,53,600/- awarded by the Tribunal under the head of loss of dependency. In view of above, the first appeal is partly allowed. The original claimants are entitled to get compensation of Rs. 4,03,200/- with interest @ 9% per annum on the said amount instead of Rs. 4,53,600/- awarded by the Tribunal under the head of loss of dependency. Judgment and award dated 25.10.2012 passed by the Motor Accidents Claims Tribunal (Auxi.), Ahmedabad (Rural) in M.A.C.P. No. 1363 of 2001 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 excess amount deposited by the insurance company and lying with the bank in fixed deposit will be refunded to the present appellant-insurance company with interest.