The court ruled that the proper assessment of notional income and application of the multiplier method are crucial in determining fair compensation for losing a breadwinner in a motor vehicle accident.

JUDGMENT :

S.V. PINTO, J.

1] This appeal has been filed by the appellants-original claimants against the respondents-original opponents under Section 173 of the MOTOR VEHICLES ACT , ( ‘The Act’, for short) against the judgment and award passed by learned Motor Accident Claims Tribunal (Aux.) Panchmahals @ Godhara in Motor Accident Claim Petition No. 1573 of 1999 on 7th January, 2013. The Cross objections have been filed by the original respondent No. 2-Gujarat State Road Transport Corporation against the original claimants and the original opponent No.1-driver of ST Bus No. GJ-18-V-3573. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

2] The brief facts that emerge from the record of the case are as under:-

2.1] That on 24th May, 1999, Parbatsinh @ Pravinchandra Kachhiya was going as a pillion rider with his friend on a scooter and the scooter was being driven by his friend Shankarbhai slowly and on the left side of the road and while they were crossing the board of village Mehloliya, on the Lunawada-Santrampur road, ST bus No. GJ-18-V-3573 came from Lunawada side in a rash and negligent manner and dashed the behind portion of the scooter, as a result of which, Pravinbhai Kachhiya fell down and sustained serious injuries. That he was immediately taken to the Civil Hospital, Godhara where he succumbed to his injuries during treatment. The offence was registered at Lunawada Police Station being I-C.R.No. 85 of 1999.

2.2] The claimants, who are the widow and minor children of the deceased have filed the claim petition being Motor Accident Claim Petition No. 1573 of 1999 mainly stating that they were fully dependent upon deceased and they have lost their sole earning members. That at the time of accident, the deceased was 45 years old and he was doing his own business of small savings and lottery and they have lost their bread-earner and have claimed an amount of Rs.9,06,000/- from all opponents jointly and severally under all available heads.

3] The notices were duly served to the opponents but the opponent No. 1 did not remain present whereas the opponent No. 2 ST-Corporation appeared and filed the written statement at Exh; 38 mainly denying all the contents of the claim petition and have stated that ST Bus No. GJ-18-V-3573 is not involved in the accident and has urged the Tribunal to dismiss the claim petition.

4] The learned Tribunal, after recording the evidence of all parties on record, as no evidence regarding the income was produced, considered the notional income at Rs.2000/- and accordingly calculated loss of dependency to be Rs.3,60,000/- and awarded an amount of Rs.2,000/- towards funeral expenses and Rs.20,000/- towards love and affection and in all awarded an amount of Rs.3,82,000/- with interest at the rate of 9 % from the date of filing of the application till realization.

5] Being aggrieved and dissatisfied with the judgment and award passed by the learned Tribunal, the appellants-original claimants have filed the present appeal mainly stating that the learned Tribunal has not assessed the income of the deceased properly and has not granted proper amount under conventional heads. That the deceased was earning Rs.5,000/- pm and the income considered by the learned Tribunal is on the lower side and hence the claim of the claimants must be accordingly enhanced.

6] The opponent No.2-ST Corporation has filed cross objections mainly stating that the driver of the scooter has not been joined as a party to the petition and in fact there were three persons going on the scooter and the driver of the scooter was also negligent as three persons are not allowed to travel on a scooter. That the learned Tribunal ought to have considered the said fact and the driver, owner and the Insurance Company of the scooter were required to be joined as parties to the proceedings and in the absence of the necessary parties, the lear