NEW INDIA ASSURANCE CO. LTD. Vs. SHANTABEN

JUDGEMENT

(1.) THE original opponent Nos. 3 and 2 (insurer and insured) of Motor Accident Claim Application No. 73 of 1978 on the file of the Motor Accidents Claims Tribunal No. 4, Ahmedabad, have preferred this appeal against the award passed by the Tribunal in favour of the respondent Nos. 1 to 6 (original applicants), whereby the said respondents are awarded a sum of Rs. 50,000/-together with running interest thereon at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation and the entire costs of the petition. It may be noted that the award is passed against respondent No. 7 (original opponent No. 1, driver) also, but as she has not joined in filing the appeal, she is put up as formal respondent.

(2.) THE accident in question occurred on 25.1.1975 in broad daylight at about 3.45 or 4.00 p.m. on a big road in the city of Ahmedabad, namely, the road on which Navrangpura Stadium abuts. As a result of this accident, the husband of the claimant No. 1 and father of the claimant Nos. 2 to 6 died some 12 hours after the event. The vehicle involved in the accident was a Fiat car, bearing No. GJC 7252 and it is stated that, at the relevant time, it was being driven by original opponent No. 1 and belonged to original opponent No. 2 and was insured, to cover third party risk, by original opponent No. 3. In the claim petition, the claimants averred that at the relevant time, deceased Panabhai Zavrabhai was aged about 45 years and he was earning Rs. 250/- p.m. and the claimants were deriving dependency benefit from his said income. It was also alleged in the claim petition that the accident, which proved fatal for Panabhai, had occurred as a direct result of negligent and rash driving of the aforesaid car by the original opponent No. 1. On this basis, the claimants claimed a total amount of Rs. 50,000/- as compensation from the opponent No. 1, as the tortfeasor, from the opponent No. 2 on the basis of his vicarious liability and from the opponent No. 3, as the insurer of the vehicle in question.

(3.) ON the evidence before it, the Tribunal has found that the accident in question had occurred as a result of negligent, if not rash, driving of the car by the opponent No. 1. So far as the quantum of compensation is concerned, the Tribunal estimated the income of the deceased Panabhai at Rs. 385/- p.m. and, after deducting his pocket expenses and the expenses for his maintenance and upkeep, arrived at the figure of Rs. 250/- p.m. as the figure of dependency benefit derived by the claimants from the income of Panabhai. Thus, the Tribunal has worked out the annual datum figure at Rs. 3,000/- and, applying the multiplier of 15 years, it has held that the claimants were entitled to claim Rs. 45,000/-as compensation for loss of dependency benefit plus another amount of Rs. 2,000/- as compensation for the pain, shock and agony suffered by the victim (till his death) for about 12 hours after the accident. The Tribunal has awarded a further amount of Rs. 3,000/- as compensation for loss of expectation of life and in this way, the Tribunal has awarded a total amount of Rs. 50,000/- as reasonable and just compensation to the claimants.