Compensation for motor accident victims must consider both past income and future prospects, applying appropriate multipliers for dependency loss.

JUDGMENT :

Gita Gopi, J.

1. All the present first appeals arise from the common judgment which has been decided on 06.10.2008 by the Motor Accident Claims Tribunal (Auxiliary) and City Civil Judge, Court No.17, Ahmedabad.

2. First Appeal No.4495 of 2009 challenges MACP No.304 of 2000, First Appeal No.719 of 2010 challenges MACP No.295 of 2000 while First Appeal No.720 of 2010 and First Appeal No.721 of 2010 challenges MACP No.296 of 2000 and MACP No.297 of 2000 respectively.

3. The facts of the case succinctly can be laid down as under:

3.1. The applicants of the above referred MACPs are either the injured or legal heirs of the deceased. The accident had occurred on 08.12.1999 at Beas Nallah, 33 kms away from Manali Police Station enroute to Rohtang in Himachal Pradesh. On 30.11.1999 all the victims had started travelling with a tourist party from Ahmedabad City. The tour was organized by Gandhi Tours and Travels having the head Quarter opposite Museum, Paldi Ahmedabad-7. After visiting Jaipur, Agra, Haridwar, Rishikesh, Katra, Vaishnodevi, they reached at Manali and were enroute to Rohtang on 08.12.1999 from Manali in a Maxi Cab bearing registration No.HP-02-8676. It was stated by the claimant that the driver of the vehicle was driving the vehicle in full speed and in rash and negligent manner endangering human life and he lost control over the steering and at about 33 kms away in a North from Manali, the vehicle fell in the Nallah. Few died on the spot and other tourists were seriously injured. The victims were immediately shifted to Vilangdon Hospital at Manali and as per the doctors advice, they were further taken to other hospitals.

4. Learned advocate Mr. D. N. Pandya for the appellants-claimants submitted with regard to First Appeal No.4495 of 2000 which is connected to MACP No.304 of 2001 that, the deceased was 55 years at the time of the accident and was Electrical Mechanical Engineer. Learned advocate Mr.Pandya submitted that as per the evidence of the widow, the deceased was handing over the salary of Rs.8,000/- while stating that the tribunal has erred in considering his income as Rs.3,000/- per month. Mr.Pandya submitted that taking into consideration his age as well as his academic career, the amount is not assessed in accordance to the evidence in record. Mr.Pandya further stated that at mark 10/1, the appointment letter of the deceased in Oilco Sales Corporation dated 25.05.1995 shows his basic salary of Rs.4,500/- in the post of Chief Production Engineer and thus, submitted that the income was required to be assessed, as if that would have drawn on the date of accident.

5. Countering the argument Mr.G. C. Majmudar submitted that as per the evidence of the son of the deceased produced at Exh.21, the deceased was employed with Oilco Sales Corporation which is a subsidiary of one Midco. Pvt. Ltd. and his service came to be terminated. Mr.Majmudar submitted that he was appointed as Chief Production Engineer in 22.05.1995 and his services were terminated on 16.12.1996 and a reference case (Labour No.234 of 1997) was filed raising an industrial dispute. Mr.Majmudar stated that on the date of accident, the deceased was having no income and as per the judgment of Sarla Verma Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the income drawn at the time of the accident is required to be assessed and thus stated that in absence of any evidence on record by way of any salary slip, the amount assessed as Rs.3,000/- by the tribunal is just and proper.

6. The evidence at mark 10/1 shows an appointment letter of the deceased who was appointed at the post of Chief Production Engineer for the salary of Rs.4,500/- as a basic. As per the evidence of the son the employment was terminated on 16.12.1996. The reference case was in progress. The result of the reference case was not brought on record of the Tribunal but it has been noted in the cross-examination that they have been joined as heirs of the deceased in the said reference