LATABEN SANATKUMAR PANDYA Vs. SHANABHAI ZINABHAI VASAVA

JUDGEMENT

(1.) Before effective hearing, learned Counsel Shri D.N.Pandya on instructions from appellant no.1 Smt. Lataben Sanatkumar Pandya seeks permission to reduce the claim from Rs.4,17,100/- to Rs.1,00,000/- for the purpose of Court fees. Permission granted. Accordingly, the claim is reduced to Rs.1,00,000/- for the purpose of Court fee.

(2.) Heard the learned Counsel for the parties. Sanatkumar N. Pandya died in a vehicular accident in 1985 leaving behind him his widow present appellant no.1, two minor daughters and one minor son. On his death, the present appellants-claimants filed claim petition no.445/1985 before the Motor Accident Claims Tribunal (Main), Bharuch, (for short "the Tribunal") and claimed Rs.7,32,000/- The learned Tribunal, however partly allowed the claim petition and awarded Rs,3,14,900/-with interest at the rate of 12% per annum from the date of petition till realisation with costs from opponents nos.1,2 and 3 jointly and severally. For rest of the amount of Rs.4,17,000/-, the appellants had filed present appeal. As stated earlier, the claim in this appeal was later on reduced to Rs.1,00,000/- before effective hearing. Therefore, we have considered the case of the appellants for the purpose of awarding additional Rs.1,00,000/- in this appeal.

(3.) After considering the evidence on record and other material, the learned Tribunal in paragraph 16 of its judgment came to the conclusion that Rs.35,000/-per year can be considered as net income of the deceased, out of which, Rs.10,000/- was deducted. Thus, the learned Tribunal considered the figure of Rs.25,0000/-per year for dependency. Considering the age of the deceased which was 37 at the time of accident, the learned Tribunal applied multiplier of 12. Accordingly, for loss of dependency awarded Rs.3,00,000/-. Having regard to the facts and circumstances of the case as well as the evidence on record both the learned Counsel for the parties agreed that Rs.30,000/-per year should have been the proper figure and keeping in mind the latest judgment of the Honourable Supreme Court in the case of U.P.State Road Transport Corporation v. Krishna Bala & Ors., reported in 2006 ACJ 2114, 13 years multiplier was proper. Thus, instead of Rs.3,00,000/-, the claimants would be entitled for Rs.3,90,000/-towards loss of dependency. In the instant case, the learned Tribunal has awarded only Rs.10,000/- by way of loss of expectation of life. Therefore, both the learned Counsel for the parties agreed that Rs.20,000/-would be the proper figure and accordingly we award Rs.20,000/- instead of Rs.10,000/- loss of expectation of life awarded by the Tribunal. The rest of the amount of Rs.2000/- awarded towards funeral charges and Rs.2900/- for damage to the scooter, we do not want to interfere. In short, the appellants-original claimants would be entitled to Rs.4,14,900/-. Thus, the appeal is required to be fully allowed. Accordingly, it is held that the appellants would be entitled to Rs.1,00,000/-more in addition to Rs.3,14,900/-already awarded by the Tribunal by its judgment and award dated 30-7-1987.