New India Assurance Co. Ltd. vs Leelaben Bharatbhai Prajapati and Others

M.D. Shah, J.—This appeal has been filed by the original opponent No. 3 under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 5-3-2007 passed by the Motor Accidents Claims Tribunal (Aux.), Ahmedabad City, in MACP No. 1294 of 2003. The claim petition has been filed by the heirs and legal representatives of the deceased Bharatbhai Madhabhai claiming Rs. 20,00,000/- as compensation for his death which is alleged to have been caused in an accident which took place on 27-2-2003 at about 2.00 p.m. on Prantiya-Chiloda Road near Smruti Vikas Shala when motor cycle No. GJ-18J-5750 driven by the deceased was collided by jeep car No. RJ-30-C-2791 coming from opposite direction driven rashly and negligently by its driver causing fatal injuries to the deceased. After hearing the learned advocates appearing for the parties and considering oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

I have heard learned advocates for the insurance company as well as claimants and have also taken into consideration the relevant oral as well as documentary evidence such as FIR and panchnama and other evidence.

The learned advocate for the appellant has restricted his arguments only on the quantum awarded. He contended that considering the age of the deceased as 38 years, only a multiplier of 15 should have been applied instead of 16 as applied by the Tribunal and also considering all other relevant factors, award may be substantially reduced.

This Court has gone through the impugned judgment and award. It is to be noted that the deceased was 38 years of age and was working as a Helper with Gujarat Electricity Board. The deceased remained in hospital for six days and succumbed to the injuries thereafter. Considering the salary certificate issued by the GEB including Basic pay plus Dearness Allowance and also considering his prospective income and also considering the age of the deceased, a multiplier of 15 should have been applied instead of 16 and in light of judgment of Hon''ble Supreme Court in case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, the claimants are entitled to a total compensation of Rs. 11,00,000/- instead of Rs. 11,79,700/-. In view of the above, First Appeal requires to be allowed in part.

Thus, First Appeal is partly allowed. The claimants are entitled to a total compensation amount of Rs. 11,00,000/- instead of Rs. 11,79,700/- with interest as awarded by the Tribunal. The impugned judgment and award is accordingly modified to the aforesaid extent. The remaining part of the impugned judgment and award would remain unaltered. Excess amount lying deposited by the insurance company shall be refunded to it with interest. Office to send back the records and proceedings, if any, forthwith.