ORIENTAL INSURANCE CO LTD Vs. VATSAL TIMIRBHAI SHAH

JUDGEMENT

(1.) The appeals are admitted. Learned advocate Mr MTM Hakim waives notice of admission of the appeals for the claimants in each appeal. Since issues arising are primarily between the appellant-Insurance Company and the claimants, it is not necessary to hear the owner/driver of the offending vehicle. At the request of the learned advocates appearing for the parties, the appeals are taken up for final disposal today.

(2.) These appeals have been filed by the Oriental Insurance Co. Ltd. challenging a common judgment and two separate awards dated 29.4.2006 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in MAC Petition Nos.760 and 1878 of 1998.

(3.) On 17.1.1998 while one Shri Timirbhai Shah, his wife Shilpaben Shah and minor son Vatsal were travelling in a maruti car going from Karjan to Vadodara, their car met with an accident. The car was hit by a matador bearing registration No.GJ-17-T 1393. The matador in question was insured by the appellant-Insurance Company. In the unfortunate accident, Timirbhai and his wife Shilpaben both died. Minor Vatsal, however, survived. For the death of deceased Timirbhai, claim petition No.760 of 1998 came to be filed by his minor son Vatsal, aged father Mahendrabhai and his brother Paragbhai seeking compensation of Rs.60 lakhs. On the date of filing of the claim petition, Vatsal was aged 6 years, father of the deceased was aged 71 years and brother of the deceased was aged 43 years. For the death of Shilpaben, claim petition No.1878 of 1998 came to be filed by her minor son Vatsal seeking compensation of Rs.5 lakhs. The Claims Tribunal in its impugned judgment came to the conclusion that the accident took place on account of sole negligence on the part of the driver of the matador. To come to such a conclusion, the Tribunal found that there was evidence on record to suggest that the matador was being driven on the wrong side of the road and hit the maruti car which was being driven by deceased Timirbhai on the correct side of the road. It may be noted that the accident took place on a national highway and there was eye-witness account to establish the above facts. In fact it has been established on record that when the maruti car was being driven by deceased Timirbhai on the correct side of the road, the matador came from the wrong side and hit the maruti car. Apparently, there was a road-divider on the highway and the matador was travelling on the wrong track and thereby caused the fatal accident. With respect to the quantum of compensation, the Tribunal took into account elaborate evidence led by the claimants to establish the educational qualifications of deceased Timirbhai and his work experience in different employments. The Tribunal also took into account the evidence to establish that deceased Timirbhai, on the date of the accident, was employed in Larsen & Toubro Company as a Manager. The evidence of father of deceased Timirbhai and an employee of Larsen & Toubro was considered by the Tribunal to assess the monthly salary of the deceased. From the oral as well as documentary evidence on record, the Tribunal found that the monthly income of the deceased was Rs.19,600/- on the date of the accident. Considering the educational qualifications and work experience, the Tribunal held that with passage of time monthly income of the deceased would have doubled. Estimation of the Tribunal was based on evidence led by the claimants in the form of deposition of the employee of Larsen & Toubro to point out comparative salary of other co-employees. Of course, there was some guess work needed and adopted by the Tribunal. The Tribunal thus assessed the average future income of the deceased at Rs.29,400/-. One-third of the said sum being Rs.9800/- was deducted for the personal expenditure of the deceased. The Tribunal thus found that the dependency benefit for the family would, therefore, be Rs.19,600/- per month i.e. Rs.2,35,200/- per year. Considering the age of the deceased which was 43 years on the date of the accident, the Tribunal adopted a multiplier of 13 and awarded a sum of Rs.30,57,600/- (Rs.19600 X 12 X 13) to the claimants towards dependency benefit. The conventional sums of Rs.20,000/- for loss of expectation of life and Rs.5,000/- for funeral expenses were added, drawing the total award of Rs.30,82,600/-.