NARUBHA B GOHIL Vs. IBRAHIM ISMAIL PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 30.10.1991 passed by the Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claim Petition No. 762 of 1987 whereby the Tribunal awarded a compensation in the sum of Rs. 1, 02, 500/-

(2.) ACCORDING to the claimants, on 09.08.1987 at about 9.30 a.m. One Arjunsinh with other persons were traveling in jeep being registration No. GAA 8358 from Ankleshwar to Umadhara. When the jeep came near Father Mission compound of Jhagadia, the opponent No.1- driver driving truck bearing No. GRV 5162 came from opposite direction in a rash and negligent manner and at an excessive speed at the wrong side of the road and dashed with the jeep as a result of which Arjunsinh sustained serious injuries in the accident and died on the spot. The parents of the deceased therefore, preferred claim petition before the Tribunal wherein the aforesaid award came to be passed. This appeal is at the instance of the claimants for enhancement of compensation.

(3.) HEARD learned advocate for the appellant and perused the documents on record. The deceased Arjunsinh was the young man of 22 years and was the graduate of Science faculty. He was doing M.Sc chemistry and simultaneously working as an apprentice in the Gujarat Aromatics, an Industrial Unit situated in GIDC Estate, Ankleshwar. Deceased joined part-time job with the above company and was paid Rs. 500/- as an apprentice. In support of the say of the claimants, Bharatbhai Manilal has been examined vide Exh. 83. Bharatbhai Manilal is the Senior Assistant in Personnel Department of Gujarat Aromatics Company and he has stated on oath that the deceased was paid Rs. 500/- per month by way of stipend and after completion of probation, deceased was likely to be appointed in the pay of Rs. 1400/- per month. He also produced apprenticeship agreement vide Exh. 84. The deceased was bachelor and the claimants are the parents. Therefore in view of the decision of Sarla Verma (supra), normally 50% is deducted as personal and living expenses because it is assumed that a bachelor would tend to spend more on himself. Hence 50% benefit of the compensation should be computed by taking the monthly income of the deceased at Rs. 1400/- as base and the dependency benefits for the claimants would come to Rs. 700/- per month. Thus the average gross monthly income spread over his entire future career had it been available would work to Rs. 2100/- ( Rs. 1400 + Rs. 700) divided by 2 i.e. Rs. 1050/- per month which would have been the gross monthly average income available to the family of the deceased had he survived. From that gross monthly income , 50% will have to be deducted by way of his personal expenses and other liability. That would work out to Rs.1050/- per month which on annual basis would work out to Rs.12600/-( Rs. 1050 x 12). On applying multiplier of 11 years it would come to Rs. 138600/- for future loss of income. The Tribunal has awarded Rs. 90,000/- for the future loss of income which in my view is on lower side. Hence, the claimants are entitled to additional amount of Rs. 48,600/- ( Rs. 38600/-- Rs. 90000/-) for future loss of income. The claimants are entitled for Rs. 48,600/- as additional amount at the interest rate of 7.5% from the date of the application. The award is modified accordingly. The appeal is allowed to aforesaid extent with no order as to costs.