Sanobanu Nazirbhai Mirza & Ors vs Ahmedabad Municipal Transport Service

2. The legal representatives of the deceased Nazirbhai who died in a road accident on 30th May, 1998 were aggrieved by the judgment and order dated 11.01.2012 of the High Court of Gujarat at Ahmedabad in First Appeal No. 1549 of 2002 wherein the High Court had partly allowed the appeal of the respondent and reduced the compensation awarded in favour of the claimants by the Motor Accident Claims Tribunal (in short ‘the Tribunal’) at Ahmedabad in MACP No. 563 of 1998 dated 23.10.2001 from Rs.3,51,300/- to Rs.2,51,800/- with a direction to the appellants-claimants to refund the excess amount of Rs.99,500/- along with the interest at the rate of 9% per annum. The appellants-claimants have filed this appeal urging certain grounds and prayed for setting aside the impugned judgment and award passed by the High Court.

3. The brief facts of this case are stated below to appreciate the rival claims of the parties:

6. The Tribunal has taken a sum of Rs. 15,000/- per annum as provided in the IInd schedule to Section 163-A of the M.V. Act as notional income on the basis of ratio laid down by the Gujarat High Court in the case of Ritaben @ Vanitaben & Anr. Vs. Ahmedabad Municipal Transport Service & Anr.[1] wherein it has held that a datum figure is required to be taken into consideration for compensation in fatal cases. The same was applied to the case on hand by the Tribunal and further Rs.30,000/- was added to this figure which was then divided by 2 such that the net yearly income comes to Rs.22,500/- out of which 1/3rd amount was deducted towards personal expenses and maintenance of the deceased and thus the net awardable dependency was calculated at Rs.15,000/- per annum. The case of S.Chandra & Ors. Vs. Pallavan Transport Corporation[2], of this Court has also been referred to regarding the average life expectancy, wherein this Court has taken 20 as multiplier in case of the deceased aged 42 years. Adverting to the case of General Manager, Kerala State Road Transport Corporation, Trivendrum Vs. Susamma Thomas & Ors.[3], this Court discussed the method to be followed to determine the multiplier to the multiplicand and taken multiplier of 12 in a case where the deceased was aged 39 years. However, the Tribunal after referring to S. Chandra’s case (supra) preferred to rely on the same for taking multiplier of 20 in the case of the deceased at the time of death as he was aged about 25 years as reflected in the post mortem report. Therefore, the future economic loss awardable to the appellants was calculated at Rs.3,00,000/-. Thereafter, following the decision in the case of Gujarat State Road Transport Corporation Vs. Suryakantaben D. Acharya & Ors.[4], wherein the Gujarat High Court ruled that the conventional amount was required to be raised to Rs.20,000/- from Rs.10,000/- having regard to the rise in prices and higher rate of inflation which is a common phenomenon in Indian economy, the Tribunal awarded a sum of Rs.20,000/- towards loss of expectancy of life and Rs.500/- towards medical expenses. Since no evidence was produced before the Tribunal by the appellants to sustain the medical claim and attendant charges of Rs.2000/- therefore, the Tribunal has held that the claim was on the higher side and it has awarded a sum of Rs.500/- towards attendant charges. Further, Rs.300/- was awarded towards transportation charges since the appellants have not adduced evidence to show that Rs.2000/- was spent towards transportation of the dead body. The award has been interfered with by the High Court in the impugned judgment and the compensation was reduced to Rs.2,51,000/- taking only notional income of Rs.15,000/- per annum as provided in the IInd Schedule to Section 163-A of the M.V. Act and deducted 1/5th amount towards personal expenses. The dependency benefit is taken to Rs.12,000/- per annum and 18 multiplier was applied and awarded a sum of Rs.2,16,000 and another Rs.10,000/- was awarded towards loss of consortium, Rs.10,000/- towards loss to estate, Rs.5000/- towards funeral expenses, Rs.5,000/- towards pain, shock and suffering, Rs.500/- towards attendant charges and Rs.300/- towards transportation charges. The total compensation of Rs.2,51,800/- was awarded by the High Court by modifying the judgment and award of the Tribunal which has awarded a compensation of Rs.3,51,300/- and further the High Court directed the appellants to refund an excess amount of Rs.99,500/- with interest at the rate of 9% per annum to the respondent. The same was rightly challenged by the appellants before this Court by filing this appeal urging various grounds.

For Appellant(s) Mr. Haresh Raichura,Adv.

For Respondent(s) Mr. H.S. Parihar,Adv.

Leave granted.

The appeal is allowed with no order as to costs in terms of the signed reportable judgment.