NATIONAL INSURANCE CO. LTD. Vs. MANJULABEN JAYANTIBHAI USADADIYA

JUDGEMENT

(1.) By this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), the appellant insurance company has challenged the judgment and award dated 30.11.2018 passed by the Motor Accident Claims Tribunal (Main), Surat (hereinafter referred to as "the Claims Tribunal") in M.A.C. Petition No.531 of 2014, whereby it has partly allowed the claim petition and awarded compensation of Rs.23,69,400/- along with interest at the rate of 9% per annum from the date of claim petition till realisation, to the respondents No.1 to 6 (original claimants).

(2.) The facts stated briefly are that, the respondents No.1 to 6 (original claimants) filed a claim petition under section 166 of the Act against the appellant and the respondents No.7 and 8 claiming compensation of Rs.28,00,000/- on account of the death of Jayantibhai Usadadiya, who passed away in an accident between his motor-cycle No.GJ-5-FD-1979 and Ashok Leyland Highway Dumper No.GJ-21-V-971. The Claims Tribunal, after considering the oral as well as documentary evidence adduced by the parties, held that the driver of dumper No. GJ-21-V-971 was rash and negligent in driving the dumper and was solely responsible for causing the accident in question. To the extent, the said issue has been decided in favour of the claimants, the same has not been challenged in the appeal.

(3.) The Claims Tribunal has calculated the average yearly income of the deceased at Rs.1,88,663/- per annum. It has thereafter, held that the deceased had six dependents at the time of the accident and, therefore, in terms of the decision of the Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 6 SCC 121, one-fourth of the amount, that is, Rs.58,957/- is required to be deducted towards personal and living expenses of the deceased and after deducting the said amount, the dependency comes to Rs.1,76,872/-. Applying a multiplier of 13, the Claims Tribunal has come to the conclusion that the loss of dependency would come to Rs.22,99,336/-. To the extent, the Claims Tribunal has considered that the deceased had six dependents, the appellant is aggrieved.