NATIONAL INSURANCE COMPANY LIMITED Vs. GANGABEN DAYABHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 06.05.2005 passed by the Motor Accident Claims Tribunal (Auxi.), Surendranagar in Motor Accident Claim Petition No.483 of 2001 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 327500/ along with proportionate costs and interest at the rate of 9% per annum from the date of claim petition till realization.

(2.) ON 22.06.2001 Dayabhai Kukabhai was approaching towards his house from his vadiland by walk. When he reached nearby village Dhedhuki on SaylaChotila Highway at about 8.00 p.m. one motor cycle came in a rash and negligent manner and dashed against Dayabhai who died during the course of his treatment at hospital. The legal heirs of the deceased therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed which challenged in the present appeal.

(3.) AS far as income in concerned, the same is not disputed. As far as loss of dependency benefit is concerned, it is found that the claimants are the the widow and her major sons. Therefore, it would be rd just and proper to deduct 1/3 towards personal expenses. The income of the deceased was Rs .3000/ per month. Therefore, by deducting rd 1/3 from the monthly earning of Rs. 3000/, the dependency comes to Rs. 2000/ per month or Rs. 24000/ per year. As far as multiplier is concerned, it is found that the deceased was 55 years at the time of accident and therefore, multiplier of 11 will be applied in view of decision in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, for calculating future loss of income. By applying multiplier of 11 years, the future loss of income would come to Rs. 264000/ ( Rs. 24000/ x 11).