AMRUTBEN BALDEVBHAI PATEL Vs. VIRISNG CHAUDARI

JUDGEMENT

(1.) BY way of present Appeal, the appellants org. claimants have challenged the judgment and award dated 5.8.2002 passed in Motor Accident Claim Petition No.1115 of 1995 by the Motor Accident Claims Tribunal, (Auxi.II), Ahmedabad (Rural) at Ahmedabad whereby the learned Tribunal awarded in all compensation of Rs.3,18,000/- along with proportionate costs and interest at the rate of 9% p.a. in favour of the original claimants from the date of petition till realization from the opponents jointly and severally.

(2.) AS per the case of the claimant before the learned Tribunal, on 6.5.1995, the deceased was going in a truck loaded with stones and the truck was passing towards Viramgam and at that time, one another truck bearing No.MH-096-8500, which was driving by the respondent No.1 herein in rash and negligent manner, dashed with the truck in which the deceased was travelling. Therefore, the deceased sustained serious injuries and during the course of medical treatment, the deceased succumbed to the injuries. Therefore, the legal heirs of the deceased claimed compensation before the Tribunal to the tune of Rs.8,00,000/-. The Tribunal awarded Rs. 3,18,000/- to the claimants.

(3.) PERUSED the record of the case. I have taken into consideration the submissions made by the parties. The learned Tribunal has awarded Rs.2,88,000/- under the head of loss of dependency by deducting 1/3rd share as Rs.1000/- from the monthly income of Rs.3000/-. But here in this case, there are four claimants and therefore, 1/4th share is required to be deducted. So the amount would come to Rs.750/- per month and after deducting said amount from Rs.3000/-, Rs.2250/- per month would come as dependency. The yearly dependency would come to Rs.27,000/- and considering the age of deceased, 14 multiplier is just and proper. Therefore, the future loss of income would come to Rs.3,78,000/- and after adding Rs.10,000/- as loss of conventional amount, Rs.10,000/- as loss of estate and Rs.5000/- towards funeral expenses, the amount of Rs.4,03,000/- would come as total compensation. I have taken into consideration the case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) Supreme Court Cases 121. The appellants claimants are therefore, entitled to Rs.4,03,000/- towards compensation under the head of future loss of income.