ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)

Appeals are admitted. Learned advocate Shri Hakim waives service of notice of admission of the appeals for respondent No.1, original claimant. Presence of other respondents would not be necessary for disposal of the appeal. At the joint request of both the parties, the appeals are taken up for final disposal today.

2. These appeals are directed against a common judgment and two separate awards dated 28th September 2004 passed by the Motor Accident Claims Tribunal (Main), Vadodara in Motor Accident Claims Petitions Nos.1784 and 1785 of 1991.

3. In a motor vehicle accident which took place on 6th October, 1991, one Balkrishna Narayan and his wife Ujwalaben received fatal injuries. For the death of Balkrishnabhai, his brother, his sister and parents of his wife filed claim petition being MACP No.1784 of 1991 seeking compensation of Rs.2 lacs from the original opponents i.e. driver, owner and insurer of the vehicle involved in the accident. For the death of Ujwalaben also, the same claimants i.e. brother of Balkrishna, his sister and parents of Ujwalaben filed MACP No.1785/91 seeking compensation to the tune of Rs.1 lac.

4. During the pendency of the claim petitions, sister of Balkrishna as well as parents of Ujwalaben expired. Both the claim petitions were, therefore, maintained by Ganeshbhai, brother of Balkrishna alone.

5. The Claims Tribunal awarded a sum of Rs.1,87,000/- to the sole surviving claimant in MACP No.1784/91. The Tribunal found that deceased Balkrishna was earning a Rs.3663.26 ps. per month on the date of the accident. His prospective income was assessed at Rs.4,000/- per month. One-third i.e. Rs.1350 was deducted from the income towards personal expenditure of the deceased. Dependency benefit was worked out at Rs.2650/- per month i.e. Rs.31,800/- per year. The Tribunal adopted multiplier of 5 and worked out the dependency benefits at Rs.1,59,000/-. The Tribunal added conventional amount of Rs.20,000/- for the loss to estate and Rs.3,000/- for funeral expenses and Rs.5,000/- for pain, shock and suffering since the deceased survived for some time after the accident.

6. With respect to MACP No.1785 of 1991, the Tribunal held that deceased Ujwalaben was earning a sum of Rs.1200/- per month on the date of accident. One-third thereof i.e. Rs.400/- was deducted for personal expenditure of the deceased. Dependency benefit was worked out at Rs.800 per month i.e. Rs.9600/- per year. Adopting multiplier of 7, the Tribunal worked out the loss of dependency benefits of the claimant at Rs.67,200/-. To that the Tribunal added an amount of Rs.20,000 for loss to the estate and Rs.3,000/- for funeral expenditure and a total award of Rs.90,200/- was made by the Tribunal in the said Claim Petition.

7. The Tribunal also awarded interest at the rate of 12 per cent from the date of claim petition till 31st December 1999 and at the rate of 9 per cent per annum thereafter till realisation.

8. The appellant Insurance Company has filed the present appeals challenging the said awards passed by the Tribunal.

9. With respect to the nature of accident and negligence of the driver of the offending vehicle in causing the accident which ultimately resulted into death of above-mentioned two persons, no arguments have been advanced by the appellant Insurance Company either in the appeal memo or before us through its learned advocate.

10. Primarily, the contentions of the appellant Insurance Company have been that Ganeshbhai was not a dependent of the deceased persons and that, therefore, no award could have been made in favour of the said claimant. It is contended that at the very best, Ganeshbhai could have received conventional sum of Rs.20,000/- for loss to the estate and Rs.3,000/- awarded for funeral expenses. It was contended that Ganeshbhai not being a dependent of either of the two deceased, the Claims Tribunal could not have awarded any sum other than above mentioned sums in favour the said