ORIENTAL INSURANCE CO LTD Vs. MARCUSBHAI FRANCISBHAI FEDALIS

JUDGEMENT

(1.) This appeal is directed against the judgement and award dated 12.01.2001 passed by Motor Accident Claims Tribunal (Aux), Nadiad in M.A.C.P. Application No. 905 of 1991 wherein the Tribunal has awarded a sum of Rs.5,65,000/- along with interest at the rate of 12% per annum from the date of application

(2.) According to the claimants, on 06.07.1991 one Kristopher Marksbhai Fidelis who was son the claimants Nos. 1 and 2 was going on his Motor Cycle No. G.B.H. 9347 and was returning from Petlad to Ahmedabad and when he reached near Nadiad Khambhat Road near Devriyani Para, the Ambassador Car No. G.B. N. 1551 owned by original opponent No. 1 came in a rash and negligent manner and dashed with front portion of Motor Cycle as result of which Kristopher fell down and received serious injuries and his motor cycle was also damaged and during the treatment, he died. The claimants therefore, preferred claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.

(3.) Learned Advocate for the appellant contended that the learned Tribunal has committed error in assessing dependency loss in view of the fact that admittedly income of the deceased was less than Rs. 3000/- at the time of the accident; that the learned Tribunal erred in assessing annual dependency loss at Rs. 36,000/-; that the learned Tribunal erred in applying multiplier of 15 and awarding Rs. 5,46,000/- under the dependency loss. He placed reliance on the decision of the Hon'ble Supreme Court in case of Sarla Verma (Smt) and others vs. Delhi State Road Transport Corporation and another, 2009 6 SCC 121, wherein it is stated that when the deceased was a bachelor and the claimants are the parents, normally 50% is deducted as personal and living expenses because it is assumed that a bachelor would tend to spend more on himself.