RAVJIBHAI NARANBHAI Vs. KASHIBEN BECHARBHAI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 20.07.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C.P. No.27/1993 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.4,23,000/- along with interest at the rate of 15% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 14.10.1992 at around 0800 hrs. while the original claimant was going to his Office on his Moped, a City Bus bearing registration No. GBE 5387 driven by original opponent no.1 and belonging to appellant-Corporation, dashed the Moped from the behind. In the said accident, the original claimant sustained severe bodily injuries and thereafter died. The legal heirs of the deceased therefore, filed claim petition before the Tribunal claiming total compensation of Rs.5,00,000/-. The said claim petition came to be partly allowed by way of the impugned award. Against the said award, the opponent - Corporation and Insurance Company has preferred the present appeal.

(3.) BY considering the annual income at Rs.33,000/- and by deducting 1/4th towards personal expenses, since there are more than five claimants, the annual dependency loss of income would come to Rs.24,750/-. So far as the multiplier adopted by the Tribunal is concerned, the same is on the lower side since in the case of Sarla Verma (supra), the Apex Court has provided the multiplier of 16 for claimants of the age group of respondent no.1-original claimant. By adopting the said multiplier, the income under the head of future loss would come to Rs.3,96,000/-. Hence, the excess amount is required to be refunded to the appellant-Corporation.