AYAR RUPA KARSAN Vs. JILUBAI SALEMAMAD ABHRAM RAYMA

JUDGEMENT

(1.) THE appeal under erstwhile provisions of Section 110-D of the Motor Vehicles Act, 1939 is restricted to challenge the quantum of compensation awarded in MACP No. 63 of 1985 which was disposed by common judgment and award in 12 claim petitions by MACT, Kachchh Bhuj.

(2.) ADMITTEDLY, award in respect of other Claim Petitions was not challenged and in Claim Petition No. 63 of 1985 also there was no controversy about the facts that the deceased driver aged 50 had died on 30th September 1984 while he was serving with Gujarat Electricity Board. Although his salary at the relevant time was Rs. 1,670/- plus allowances, the pay scales were revised with effect from 1-4-1985 and if he had survived, he would have been in receipt of monthly wages exceeding Rs. 5,153/- upto the age of his retirement at 60. The tribunal, however, considered and calculated the amount of dependency benefit on the basis of monthly salary of Rs. 4,000/-, but applied multiplier of 10 and considered his income thereafter to be Rs. 750/- upto the age of 65 years. Thus, applying multiplier of 5, additional sum of Rs. 45,000/- towards dependency benefits was also awarded.

(3.) LEARNED counsel, Mr. Sunil Parikh appearing for the appellant vehemently argued that the method of calculating dependency benefit was faulty and the tribunal had in the impugned award in effect applied multiplier of 15 in calculating the dependency benefit, even as the age of the deceased was 50 years at the time of the accident.