NATIONAL INSURANCE CO LTD Vs. SUFARABHAI GULABHAI DAMOR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 30.06.2005 passed by the Motor Accident Claims Tribunal [Aux.] Panchmahals at Godhra in M.A.C.P. No. 2697 of 2000, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,38,000/ along with interest @ 7.5% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 01.11.2000 at around 1730 hrs. while Jashwantsinh Sufarbhai Damor was going on his bicycle towards Village Morva, at that time, the driver of the Truck bearing No. GJ17T8585, on account of rash and negligent manner, dashed with the bicycle, as a result of which, Jashwantsinh sustained severe bodily injuries and died during the course of treatment. The legal heirs of the deceased, therefore, filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Insurance Company has preferred the present appeal.

(3.) HAVING gone through the impugned award, I find substance in the submission made on behalf of the appellant, and the Tribunal ought to have deducted 1/2 nd amount towards personal expenses in view of the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 122. In view of the above, the annual dependency benefit would come to Rs.7,500/ [15000 x 1/2]. So far as the multiplier is concerned, multiplier of 15 adopted by the Tribunal is on higher side considering the age of the deceased at the relevant time. It ought to have been 13 in view of the principle laid down in Sarla Verma's case (supra). Hence, the total dependency benefit would come to Rs.97,500/. However, the Tribunal has awarded Rs.2,25,000/ under the said head.