Saiyad Jalalsa Noorsha and Another vs Nimabal Rakhbhaji Devkate and Others

K.J. Thaker, J.—By way of this appeal, the present appellants have challenged the judgment and award dated 03.04.2007 passed by the Motor Accident Tribunal (main), Kutch @ Bhuj, in M.A.C.P. No. 541 of 2001, whereby the Tribunal has awarded compensation of Rs.2,27,000/- to the original claimants under different heads. The brief facts leading to filing of this appeal are that on 19.12.1995, a vehicular accident occurred between Jeep, bearing registration No. MHO-1-7718 and Tanker bearing registration No. MCY-4150. In the said accident, one Nizamsha expired. Therefore, the heirs of the deceased filed claim petition before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition passed the award as stated hereinabove against which the present appeal is preferred by the appellant.

I have heard learned advocate for both the parties and perused the material on record. Looking to the facts of this case, it would be relevant to refer a decision of the Apex Court in the case of Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, wherein in paras 14 and 17, the Apex Court has held as under:-

Admittedly both the parents, Ist appellant- Amrit Bhanu Shali (father) and 2nd appellant- Smt. Sarlaben (mother) have been held to be dependents of deceased-Ritesh Bhanu Shali and, therefore, the Tribunal held that the Ist appellant and 2nd appellant have the right to get the compensation. On the date of the accident the 3rd appellant-Mamta was not married but by the time the case was heard by the Tribunal the 3rd appellant-Mamta had already been married. In these circumstances, she is not found to be dependent upon the deceased. Thus, both the parents being dependents, i.e., father and the mother, the Tribunal rightly restricted the �personal and living expenses� of the deceased to 50% and contribution to the family was required to be taken as 50% as per the decision of this Court in the case of Sarla Verma (supra).

The appellants produced Income Tax Returns of deceased-Ritesh Bhanu Shali for the years 2002 to 2008 which have been marked as Ext. P-10-C. The Income Tax Return for the year 2007-2008 filed on 12.03.2008 at Raipur, four months prior to the accident, shows the income of Rs.99,000/-per annum. The Tribunal has rightly taken into consideration the aforesaid income of Rs.99,000/-for computing the compensation. If the 50% of the income of Rs. 99,000/- is deducted towards �personal and living expenses� of the deceased the contribution to the family will be 50%, i.e., Rs. 49,500/- per annum. At the time of the accident, the deceased-Ritesh Bhanu Shali was 26 years old, hence on the basis of decision in Sarla Verma (supra) applying the multiplier of 17, the amount will come to Rs. 49,500/- � 17 = Rs. 8,41,500/-. Besides this amount the claimants are entitled to get Rs. 50,000/- each towards the affection of the son, i.e., Rs. 1,00,000/- and Rs. 10,000/- on account of funeral and ritual expenses and Rs. 2,500/- on account of loss of sight as awarded by the Tribunal. Therefore, the total amount comes to Rs. 9,54,000/- (Rs. 8,41,500/- + Rs. 1,00,000/- + Rs. 10,000/- + Rs. 2,500/-) and the claimants are entitled to get the said amount of compensation instead of the amount awarded by the Tribunal and the High Court. They would also be entitled to get interest at the rate of 6% per annum from the date of the filing of the claim petition leaving rest of the conditions mentioned in the award intact.

Considering the principle laid down by the Apex Court in the case of Amrit Bhanu (supra) 50% of deceased�s income should be deducted towards his personal income since the deceased was bachelor and his parents were his dependents. The claimants are entitled for 50% amount from the income of the deceased.

There is no dispute about the income of the dispute, which is Rs. 3,000/- per month. If 50% of deceased�s income is deducted towards personal and living expenses of the deceased, monthly loss of dependency comes to Rs. 1,500/- and accordingly yearly dependency comes to Rs. 18,000/-. The multiplier adopted by the Tribunal is just and proper in view of the decision of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, If the multiplier of 16 is adopted, the loss of dependency comes to Rs. 2,88,000/-, whereas the Tribunal has awarded Rs. 1,92,000/- under the head of loss of dependency.

In that view of the matter, the appellants herein are entitled for an additional amount of Rs. 96,000/- [Rs. 2,88,000 - Rs 1,92,000/-] with interest at the rate of 7 1/2 per cent from the date of filing of the application. The respondents shall pay the aforesaid amount to the appellants within a period of eight weeks from today, failing which the same shall carry interest at the rate of 9 per cent per annum. The judgment and award of the tribunal is modified to the aforesaid extent. The present appeal is partly allowed. Decree be drawn accordingly.