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FA/526820/2007 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 5268 of 2007
With
CIVIL
APPLICATION No. 14783 of 2007
In
FIRST APPEAL No. 5268 of 2007
=========================================================
ORIENTAL
INSURANCE CO. LTD. - Appellant(s)
Versus
DILIPBHAI
CHOTUBHAI VASI & 3 - Defendant(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Appellant(s) : 1,
MR RE VARIAVA for Defendant(s) : 1 - 2.
DS
AFF.NOT FILED (N) for Defendant(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/10/2008
ORAL
ORDER
1. Heard
learned advocate Mr. Sunil B. Parikh for learned advocate Mr. Rajni
H. Mehta appearing on behalf of appellant and learned advocate Mr.
R.E. Variava appearing on behalf of respondent Nos.1 and 2.
2. The
appellant ? Insurance Company is challenging Rs.1 lakh for the
purpose of court fees.
3. The
appellant ? Insurance Company has challenged the award passed by
Motor Accident Claims Tribunal, Navsari in Motor Accident Claim
Petition No.141 of 2005 dated 17th August 2006. The Claims
Tribunal has awarded Rs.3,10,000/- with 9% interest in favour of
respondent claimant.
4. Learned
advocate Mr. Parikh raised one contention before this Court that
Claims Tribunal has committed error while applying multiplier looking
to age of deceased 34 and age of claimant 58 and 56. Therefore, he
submitted that Claims Tribunal has committed gross error in applying
15 multiplier even though age of claimant is 58/56. Therefore,
according to his submission, Claims Tribunal must have to apply 10
multiplier instead of 15 multiplier. He relied upon recent decision
of Apex Court in case of Bangalore Metropolitan Transport
Corporation v. Sarojamma and Another reported in 2008(5)
ACC 142.
In the aforesaid decision, Apex Court has considered that how the
multiplier will apply in case of age of deceased and in case of age
of claimant. The Apex Court has considered that age of claimant as
well as deceased, whichever is higher, is to be considered.
Therefore, in view of this decision of Apex Court, looking to age of
deceased 34 years and Claims Tribunal has applied 15 multiplier when
ignored the age of claimant Dilipbhai Chhotubhai Vasi, 58 years and
Manjulaben Dilipbhai Vasi, 54 years, the deceased was unmarried.
5. Therefore,
in light of the Apex Court decision, according to my opinion, this
aspect has not been properly considered by Claims Tribunal and it is
a duty of Claims Tribunal to consider the age of claimant and age of
deceased whichever is higher while applying multiplier. Looking to
the facts of this case, looking to age of claimant 58/56, then,
according to my opinion, 10 multiplier would be reasonable which is
to be applied. Therefore, compensation for dependency benefit which
has been considered by Claims Tribunal is to be reduced instead of 15
multiplier, it would be applied 10 multiplier, then, amount of
dependency benefit is reduced from Rs.2,88,000/- to Rs.1,92,000/-.
[See : 2008 ACJ 814 ? Ramesh Singh and another v. Satbir
Singh and another]
6. Accordingly,
after awarded Rs.20,000/- for loss of estate and Rs.2,000/- for
funeral expenses, it comes to Rs.2,14,000/-. Therefore, award passed
by Claims Tribunal as referred above is to be modified from
3,10,000/- to Rs.2,14,000/- with 9% interest from the date of
application till the date of realisation.
7. Accordingly,
present appeal is partly allowed with no order as to costs.
8. Learned
advocate Mr. Parikh submitted that entire awarded amount including
cost and interest has been deposited by Insurance Company before
Claims Tribunal concerned.
9. Learned
advocate Mr. Variava submitted that order of disbursement may be
passed in favour of respondent claimant.
10. Learned
advocate Mr. Parikh also submitted that after passing the order of
disbursement in favour of claimant, this Court may also pass
appropriate order of refund of remaining amount in favour of
appellant ? Insurance Company.
11. In
view of aforesaid submissions made by both the learned advocates, it
is directed to Claims Tribunal calculate the amount of Rs.2,14,000/-
on the basis of 9% interest from the date of application till the
date of deposit with proportionate cost by Insurance Company and
then, whatever amount comes, the same shall be disbursed in favour of
respondent ? Dilipbhai Chhotubhai Vasi by account payee cheque
after proper verification immediately. Rest of the amount is to be
refunded to appellant ? Oriental Insurance Company Limited by
account payee cheque immediately.
12. In
view of the above order passed by this Court as above, no order is
required to be passed in Civil Application. Accordingly, Civil
Application is disposed of.
[H.K.
RATHOD, J.]
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