NAGORAO BHAGORAO ATE Vs. GUMANSING FATESING MAHIDA

JUDGEMENT

(1.) THE above appeals are directed against common judgement and award dated 29.04.2003 passed by learned Motor Accident Claims Tribunal ( Auxi.), Court No. 12, Ahmedabad, in Motor Accident Claims Petitions No. 625 of 1998 and 673 of 1998 wherein the Tribunal has awarded a sum of Rs.156000/-, and Rs. 1,02,000/- at the rate of 12% from the date of the petition till 31.12.1999 and the interest at the rate of 9% per annum from 01.01. 2000 till realization with the proportionate costs respectively.

(2.) THE above claim petitions arose out of the same accident. On 30.05.1998 at about 6.30 a.m. Anil and Pratik were riding as pillion riders on one scooter No. GUG 6017 which was driven by Bhavin and they were going to visit the Hanumanji Temple at Bhimapur near Raska village on Ahmedabd-Mahemadavad Road. When they were going on scooter with moderate speed, at that time one motor truck No. GJ-1-U-6569 came from the opposite direction in excessive speed and in a rash and negligent manner dashed with the scooter. In the said accident, they were entangled with the bonnet of the truck and dragged out with the truck far from the place of accident. THEy received serious and injuries and succumbed to the injuries on the spot. THE parents of the deceased Anil and Pratik, therefore filed the aforesaid claim petitions wherein the aforesaid award came to be passed. THEse appeals are filed at the stance of claimants for enhancement of compensation.

(3.) HEARD the learned Advocates for the respective parties at length and perused the documents on record. As a result of this exercise, in so far as First Appeal No.1941 of 2004 is concerned, the Tribunal has taken the income of Rs.2500/- per month and considered the prospective income of Rs. 3000/- per month. In this case the Tribunal has not committed an error in considering the prospective income while considering the entire facts and circumstances of the case. On the facts and circumstances of the case, since the income is taken at Rs.2500/-, the prospective income can be taken at Rs.3000/- per month and Rs.36000/- per annum. The deceased was unmarried. The claimants are the parents of the deceased and therefore, in view of the principles laid down in case of Sarla Verma (supra), if 50% is deducted towards personal and living expenses it would come to Rs. 1500/- (i.e.50% of Rs.3000/-). Hence, the loss of dependency benefit would come to Rs.1000/-( Rs. 3000/- - Rs. 1500/-) per month and Rs. 18000/- (Rs.1500/-x 12) per year. Since the parents are the claimants, age of mother is required to be considered for calculation of actual loss of economic loss in view of the decision of Honble Supreme Court in case of National Insurance Co. Ltd. vs. Shyamsing reported in AIR 2011 SC 3231. The age of the mother was 52 years and therefore, 11 years multiplier would be just and proper. By applying 11 multiplier, the actual economic loss would come to Rs.198000/- (Rs. 18000/- x 11). Adding Rs.10000/- towards loss of estate and Rs. 5000/- towards funeral expenses, the total amount would come to Rs.213000/-. The Tribunal has already awarded a sum of Rs. 156000/-. Therefore the claimants shall be entitled to an additional sum of Rs. 57000/-( Rs. 213000/- - Rs. 156000/-) along with interest at the rate of 7.5% from the date of filing of the claim petition.