SHANTABEN DOLATSINH SINDHA Vs. HASAMBIN ALI SAIYED

JUDGEMENT

(1.) This appeal is against the judgment and award dated 30.10.2012 passed by Motor Accident Claims Tribunal (Aux) Vadodara in MACP No.1525/1996. The appeal is preferred by the claimants for enhancement of the compensation awarded by the Tribunal.

(2.) Brief facts are as under. On 31.3.1996, deceased Daulatsinh Sindha was travelling in a luxury bus bearing registration No.GJ1V9951 along with other relatives. According to the claimants when the bus was near Valsad on National Highway No.8 crossing the bridge, the driver of the bus lost the control of the bus and the bus fell into the river as a result of which Daulatsinh Sindha expired. The claimants therefore, filed the abovementioned claim petition.

(3.) The Tribunal believed the income of deceased who was a teacher at Rs.6523/- per month and granted 30% increase for prospective income and computed the same at Rs. 8480/- per month or Rs.1,01,760/per annum. After deducting the amount towards the income tax liability, the Tribunal arrived at a figure of Rs.71,232/-. The Tribunal deducted 1/4th thereof for the personal expenditure leaving Rs.53,424/- by way of dependency benefits. The Tribunal adopted a multiplier of 9 and arrived at a figure of Rs.4,80,816/- by way of loss of dependency benefits. The Tribunal also believed that the deceased earned Rs.80,000/- from agriculture. The Tribunal granted Rs.10,000/- towards loss of estate, Rs. 10,000/- towards loss of consortium and Rs.5,000/- towards funeral and transportation expenses. The Tribunal thus awarded a total sum of Rs.5,85,816/- by way of compensation to be recovered from the opponents jointly and severally with 7.5% interest from the date of claim petition till realisation.