ORIENTAL INSURANCE CO LTD Vs. VIRAM HARUJI GADHAVI

JUDGEMENT

(1.) BY way of this appeal, the appellants-original claimants have challenged the judgement and award dated 31.03.2004, passed by the Motor Accident Claims Tribunal(Auxiliary), Kutch-Bhuj, in M.A.C.P. No.252 of 1994, whereby the tribunal has awarded compensation in the sum of Rs.2,05,000/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that on 9.1.1984 an vehicular accident occurred and in the said accident one Harju Lakha Gadhvi, expired THErefore, the legal heir of the deceased filed claim petition being M.A.C.P. No.66 of 1998(old M.A.C.P. No.387 of 1990). THE Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.

(3.) I have heard learned advocates for both the parties and perused the material on record. From the record it is clear that the tribunal has assessed the monthly income of the deceased at Rs.4500/- without any documentary evidence. I am of the view, the Tribunal ought not to have assessed the annual income of the deceased more than Rs.3000/-. Out of the said amount 1/3 amount required to be deducted towards personal expenses which would have been spent by the deceased on himself. After deducting 1/3 amount, monthly dependency comes to Rs.20,000/-.The multiplier adopted by the Tribunal is on lower side, in view of the decision of the Apex Court in the case of Sarla Dixit and Another Vs. Balwant Yadav and Another reported in (1996) 3 SCC 179, it should be 7. If multiplier of 7 is adopted, the dependency comes to Rs.1,40,000/-.