MAIN POINT
In motor accident claim case all factors like age of the deceased and his parents, the avocation being pursued by him loss of love and affection etc. are to be fully considered.

Judgment :-

V. Gopala Gowda, J.

1. These appeals have been filed by the appellant against the impugned common Judgment and order dated 18.6.2013 passed in First Appeal No. 1064 of 2005 with First Appeal No.1555 of 2005 by the High Court of Gujarat at Ahmedabad, wherein the High Court dismissed First Appeal No.1064 of 2005 which was filed by the claimant and allowed First Appeal No.1555 of 2005 which was filed by the Insurance Company.

2. The necessary relevant facts are stated hereunder to appreciate the case with a view to determine whether the appellant, Ashvinbhai Jayantilal Modi, the father of Raj (deceased) is entitled for relief as prayed in this appeal.

3. On 12.07.2002, Raj Ashvinbhai, the deceased was heading to Istanpur from Uttamnagar on his two-wheeler. While on his way, near Bhadvatnagar bus stand, a truck bearing registration no. GQA 7215 belonging to the respondent, Ramkaran Ramchandra Sharma crashed into the two-wheeler on which Raj was riding. Due to the force created by this accident, Raj’s two-wheeler slid for about 25 feet while Raj fell down and sustained grievous injuries. Thereupon he was taken to L.G. Hospital wherein he succumbed to his injuries. On the same day, a panchnama was filed before the Vatva Police Station, Ahmedabad.

4. The claimant-appellant filed a claim petition before the Motor Accidents Claims Tribunal (in short ‘the Tribunal’) at Ahmedabad, claiming Rs.28,73,000/- as compensation. The Tribunal ascertained the future income of the deceased at Rs.18,000/- per month. 1/3rd of the monthly income was deducted towards personal expenses. Therefore, Rs.12,000/- per month (Rs.1,44,000/- p.a.) was calculated for the loss of dependency to the parents of the deceased. Since the age of the deceased at the time of his death was 19 years, on applying the appropriate multiplier of 16, the total compensation towards loss of dependency was arrived at Rs.23,04,000/-. A sum of Rs.15,000/- was awarded towards love and affection and Rs.5,000/- towards funeral expenses and thus a total compensation of Rs.23,24,000/- was arrived at by the Tribunal. The Tribunal apportioned contributory negligence at 20% on the part of the deceased and 80% on the driver of the offending truck and thus, after making 20% deduction towards contributory negligence on the part of the deceased the Tribunal awarded an amount of Rs.18,59,200/- with interest at the rate of 9% per annum to the appellant.

5. Being aggrieved by the judgment and award passed by the Tribunal, the appellant preferred First Appeal No.1064 of 2005 before the High Court for enhancement of compensation, whereas the 2nd respondent-Insurance Company preferred First Appeal No.1555 of 2005 for the reduction of the compensation awarded by the Tribunal.

6. After hearing the parties, the High Court affirmed the future income of the deceased at Rs.18,000/- per month as determined by the Tribunal and deducted 50% towards personal expenses. It further held that the Tribunal had erred in considering the age of the deceased at the time of his death rather than the age of the parents for determination of multiplier, since they are the claimants in the case on hand, as per the guidelines laid down in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. [(2009)6 SCC 121]. Therefore, by applying the appropriate multiplier of 13, the High Court determined the loss of dependency at Rs.14,04,000/- as against Rs.23,04,000/- as considered by the Tribunal. After examining the facts, evidence produced on record and circumstances of the case, the High Court was of the view that the contributory negligence on the part of the deceased was higher than 20%, however, it affirmed the contributory negligence as determined by the Tribunal. Therefore, after 20% deduction towards contributory negligence and addition towards other heads, the High Court, by its impugned Judgment and order awarded a co