KAMLA VYAS Vs. BASANT

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimants against the award dated 28. 11. 2002 passed in Claim Case No. 155 of 2000 by 14th Additional Member, Motor Accidents Claims Tribunal, Indore.

(2.) ONE Chandulal Vyas had met with a motor road accident on 27. 9. 1998 while he was travelling as bona fide passenger in an Ambassador car bearing registration No. MH 15-E 444. The said car was owned and driven by respondent No. 1 at the relevant point of time and was insured with respondent No. 2. Due to rash and negligent driving of the car by respondent No. 1, the same landed in a ditch in which Chandulal Vyas, a passenger, sustained bodily injuries and succumbed to the same. He was aged about 57 years at the time of accident and was working as Chief Manager with Central Bank of India. The aforesaid facts have not been disputed by learned Counsel appearing for the respondent. Appellants, i. e. , wife, son and daughters have been awarded a sum of Rs. 4,02,000 and this appeal is for enhancement.

(3.) AFTER having heard learned Counsel for the parties and after perusal of the record, we are of the opinion that the amount awarded is on lower side and deserves to be enhanced. In fact, the impugned award would show that certain wrong deductions have been made. The deceased was aged about 57 years at the time of accident and his salary was Rs. 18,260 per month. The Tribunal committed an error in deducting the amount of pension, which appellant No. 1 (widow of the deceased) is getting. Thus, this error has to be rectified. Taking his salary as Rs. 18,500 per month and after deducting 1/3rd amount, which the deceased must have been spending on himself, the dependency of appellants would come to about Rs. 1,50,000 per annum. Looking to the age of the deceased and that of the appellants the proper multiplier would be 8. Thus, the compensation would come to Rs. 1,50,000 x 8 = Rs. 12,00,000. To this we add a further sum of Rs. 50,000 towards various other heads such as loss of love and affection, loss of company, loss of consortium, funeral expenses and for the medical expenses. Thus, the total amount of compensation payable to the appellants would come to Rs. 12,50,000, which shall be paid by the respondents jointly and severally. The difference amount would carry interest at 4 per cent per annum from the date of application till actually paid.