NATIONAL INSURANCE COMPANY Vs. VARSHABEN BHARATBHAI GOHIL

JUDGEMENT

(1.) The appeal was heard at the admission stage and due to lack of necessary material with learned counsel for the appellant, Mr.Dakshesh Mehta, hearing was adjourned for allowing him the time to collect necessary instructions and papers for full-fledge arguments in the appeal. In the meantime, respondents in the appeal have filed their cross objection, and the contesting respondent having appeared, the appeal and cross objection are, by consent, taken up for final hearing and disposal. For the sake of convenience, the appellant-insurance company is addressed as appellant herein and the respondent-claimants in the appeal are addressed as the claimants.

(2.) The relevant facts of the case are that the claimants had claimed compensation of Rs.46.4 Lacs on account of death of Shri Bharatbhai B. Gohil, who died in the accident which took place on 26.5.2006 on account of collision of his car with a stationary truck on the highway near Dhrol, District-Jamnagar. The accident happened at around 8.15 p.m. Complaint in respect of the accident was registered and charge sheet for offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code and Sections 177 and 188 of the Motor Vehicles Act has been submitted against driver of the truck.

(3.) The deceased victim of the accident was a medical officer, aged 51 years, drawing monthly salary of Rs.40,000/-. During the course of trial before the tribunal, the opponents did not examine the driver of the truck. The claimants pleaded that income of the deceased would have increased to Rs.60,000/- per month and in view of his age and profession, multiplier of 15 was required to be applied. However, ignoring the future prospect, applying multiplier of 11 in terms of the law laid down in the case of Sarla Varma v. DTC, 2009 AIR(SC) 3104, and assessing yearly dependency of the claimants at Rs.3,20,000/- per year, the tribunal awarded in all a sum of Rs.35,60,000/- as compensation with interest at the rate of 7% per annum and directed, by the impugned order dated 30.11.2011, to pay total amount within eight weeks.