M.K.SHAH, P.D.DESAI - (1.) The following table gives the necessary particulars regarding this group of appeals : @@@ __ ____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ No. of Appeals Description No. of Claim in Awarded of the M.A.C. M.A.C. amount Appellant Appln. Application. Rs. Rs. 1 2 3 4 5 __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ F.A.No. 371/74 Owner of 22/73 16 000/- 11100 the vehicle F.A.No. 372/7 -do 60/73 20 0 00 14 800 F.A.No. 373/7 -do 61/73 12 000 10 120 __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Insurance Co Claim in Cross Name of the deceased liability to Appeal objections and or injured person satisfy the claim therein Rs. Rs. Rs. 6 7 8 9 _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ 4200 11 100 4200 by Insu. Vangaria Varjubhai Co. 5 0 by (deceased) claimants 5880 14 800 5880 by insu. Jagalia Bide Bhil Company (injured person) 5880 10120 5880 by insu Bitia Bhilia Bhil (injured person) __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __@@@
(2.) On March 10 1972 a dumper bearing No. GTB 5223 owned by the appellant and driven by respondent No. 3 in First Appeal No. 371 of 1974 and respondent No. 2 in the other two First Appeals met with an accident at about 5-30 P. M. on the road leading from Amba Dunger to Kadipani in Chhota-Udepur Division of Baroda District. The vehicle at the material time was loaded with stones. The deceased and injured persons were travelling in the said vehicle. It appears that at a certain spot on the said road the vehicle capsized. As a result thereof the deceased and injured persons were thrown on the ground and crushed under the stones. It appears that the deceased met with his death on the spot. The injured persons were removed to the S.S.G. Hospital at Baroda. Jagalia had received injury on his left leg which was amputated from below the knee portion. Ditia received injuries on his left fore-arm which resulted in extensive skin loss and crushing of muscles. Movement of the little finger was irreversibly lost. The vehicle in question was admittedly insured with the fourth respondent in First Appeal No. 371 of 1974 and the third respondent in the other two appeals namely New India Assurance Co. Ltd. The different claimants filed different Claim Applications the particulars of which are given above.
(3.) The Motor Accidents Claims Tribunal Baroda (hereinafter referred to as the Tribunal) found that the deceased and the injured persons were at the material time travelling in the vehicle during their duty hours and in the course of their employment by the appellant that the driver who was plying the vehicle at the material time in the course of his employment was negligent and that the deceased met with his death and the injured persons received the injuries on account of the negligent driving of the vehicle by the driver. As regards compensation the Tribunal found that the average monthly income of the deceased and the injured persons was Rs. 65.00. So far as the deceased Vangaria is concerned the Tribunal found that he must have been spending a sum of Rs. 20 per month on his own self and that therefore Rs. 45.00 per month was the dependency benefit of the claimants who are the parents of the deceased. On that basis the annual dependency benefit was worked out at Rs. 540.00 and applying 15 years purchase factor the Tribunal awarded an amount of Rs. 8100.00 for the loss sustained under the said head. To the said amount the Tribunal added a sum of Rs. 3000.00 for pain and suffering and loss of expectation of life. In all therefore an award was made in the sum of Rs. 11 100 As regards the injured person Jagalia the Tribunal estimated the percentage of disability at 50%. On that basis it estimated the future pecuniary loss at Rs. 32.50 per month and Rs. 390 per annum. The multiple of 20 was adopted for awarding just compensation for the loss and accordingly an award in the sum of Rs.7800.00 was made under the said head. To this was added an amount of Rs. 5000t- being compensation for pain shock suffering and loss of amenities of life. A further amount of Rs. 2000.00 was awarded as he was confined to the hospital for a considerably long time. In that manner a total award in the sum of Rs. 14 800 was made in the case of Jagalia. As regards the injured person Ditia the Tribunal estimated the percentage of disability at 20%. On that basis it estimated the future pecuniary loss at Rs. 13 per month and Rs. 156.00 per annum. The multiple of 20 was adopted for awarding just compensation for the loss and accordingly an award in the sum of Rs. 3120.00 was made under the said head. To this was added an amount of Rs. 5000.00 as compensation for the loss of the arm and a further amount of Rs. 2000.00 was awarded for pain suffering shock and loss of amenities of life. In that manner a total award in the sum of Rs. 10 120 was made in the case of Ditia.;