Point of Law: - As Tribunal has awarded, appellants–original claimants would be entitled to an additional amount as additional compensation with 9% interest per annum from date of filing of claim petition till its realization

JUDGMENT :

R.M.CHHAYA, J.

1. Heard Mr. M.T.M. Hakim, learned advocate for Mr. Mohsin Hakim, learned advocate for the appellants, Mr. A.A. Daudivhora, learned advocate for respondents no.1 and 2 and Mr. Tanmay Karia, learned advocate for the respondent no.3 - insurance Company. By an order dated 10.1.2018, a Coordinate Bench of this Court was pleased to issue notice for final disposal. Hence, learned advocates were heard for final disposal of the appeal.

2. Feeling aggrieved and dissatisfied by the judgment and award dated 28.8.2017 passed by the Motor Accident Claims Tribunal (Aux), Bharuch in MACP no.684 of 2008, the appellants-original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

3. Following facts emerge from the record of the appeal:-

3.1 That, on 29.5.2008 at about 9:00 a.m., the deceased was riding on a motorcycle bearing registration no. GJ-16 AD-2323 as a pillion rider and was proceeding towards Village Haldarva to join his services. It is the case of the appellants - original claimants that when the motorcycle reached Kematur Chokdi on National Highway no.8, respondent no.4 who was driving the motorcycle stopped the motorcycle on the road due to traffic and at that time, a truck bearing registration no. MH-19 Z-2200 came from behind driving in a rash and negligent manner and knocked down the motorcycle from behind, because of which, the deceased sustained serious injuries and died while he was being taken to the hospital. An FIR was lodged with the jurisdictional Police Station and the present claim petition was filed by the appellants under Section 166 of the Act and claimed compensation of Rs.75,00,000/-. The claimant no.1 was examined at Exh.56 and one Pravinbhai Rathva was examined at Exh.61 and truck driver was examined at Exh.91. The claimants relied upon plethora of documentary evidences, such as, FIR Exh.45, Panchnama Exh.46, inquest Panchnama Exh.47, postmortem note of the deceased Exh.48, R.C. book of truck Exh.49, insurance policy of truck Exh.50, certificate of electrical engineering of the deceased Exh.62, salary statement of the deceased Exh.63, statement of revised pay scale Exh.64, death certificate of the deceased Exh.65, revised basic pay statement of the deceased Exh.66, salary slips from February, 2008 to May, 2008 Exh.67, seniority list Exh.68, office order of Shri J.M. Pancholi Exh.73, salary statement of the deceased Exh.74, Form- 16 Exh.75, proposed salary details of the deceased Exh.73, board resolution Exh.79 and board resolution no.19/323 dated 15.10.2001 at Exh.80.

3.2 It was the case of the appellants – original claimants that the deceased was working as an Executive Engineer in Gujarat Energy Transmission Corporation Ltd. at Bharuch and had a monthly salary of Rs.60,188/- on the date of the accident. It was further the case of the appellants that the deceased got benefit of increase in pay based upon 6th pay commission with effect from 1.1.2006 and there was rise in the salary. A calculation sheet was also relied upon by the appellants at Exh.74. The Tribunal, after considering the evidence on record and more particularly, salary slips Exh.67, came to the conclusion that the rise in salary would not be applicable and after deducting income-tax, came to the conclusion that the income of the deceased was Rs.4,10,920/- on the date of the accident and after deducting one-third towards personal expenses and applying multiplier of 9, the Tribunal was pleased to award compensation of Rs.24,65,523/- under the head of loss of dependency and further awarded a sum of Rs.1,00,000/- under the head of loss of consortium, loss of estate as well as loss of love and affection to the deceased and Rs.10,000/- towards funeral expenses and thus, awarded total compensation of Rs.25,75,523/- with interest at the rate of 9% per ann