Five connected Miscellaneous First Appeals under S.173(1) of the Motor Vehicles Act by claimants arising from the accident of 19.03.2013 in which luxury bus MH-04/FC-9559, driven by Santaji Kailash Kiradat at high speed, fell from Jagbudi Bridge into the Jagbudi River, killing 37 passengers and injuring 14. Appeals partly allowed; compensation enhanced in each matter. (i) MVC 532/2014 (husband of deceased Mariya/Maria Sadeo Gauba, aged 47 per para 6(a)): claim of salary of 40,310.40 Australian Dollars per annum rejected - author of pay slips Exs.P7-P10 not examined and no corroborative evidence; Tribunal's loss of estate award of Rs.7,39,200 upheld as just and proper; 10% addition to consortium and transport/funeral heads; total enhanced from Rs.7,94,200 to Rs.7,99,700. (ii) MVC 405/2014 (parents and brother of deceased Bawtis Ashish Fernandes, 22, Seaman/Deck Officer, Ex.P9): income reassessed at Rs.13,000 p.m. considering education and nature of work; 40% future prospects; 50% deduction (bachelor); multiplier 18; dependency Rs.19,65,600; total Rs.20,86,600. (iii) MVC 406/2014 (family of deceased Amarnath, 25): Tribunal's notional income of Rs.7,000 p.m. affirmed as just and proper for a 2013 accident; unmarried student sister (claimant No.7), residing with and fully dependent on the deceased, wrongly excluded by the Tribunal and now counted, making deduction 1/5th; dependency Rs.16,93,440; consortium Rs.44,000 x 7; total Rs.20,34,440. (iv) MVC 407/2014 (family of deceased Mashak): claimed income of Rs.20,000 p.m. unsupported by cogent evidence; notional income affirmed; 40% prospects; 50% deduction; dependency Rs.10,58,400; total Rs.12,67,400. (v) MVC 408/2014 (family of deceased Vijay, 28): notional income of Rs.7,000 affirmed absent legally acceptable income evidence; sibling claimant Nos.7-9 (students residing with and dependent on the deceased) held dependents, deduction 1/5th; multiplier 17; dependency Rs.15,99,360; total Rs.19,84,360. In all cases conventional heads fixed at consortium Rs.44,000 (per claimant), loss of estate Rs.16,500 and transportation/funeral Rs.16,500, inclusive of 10% escalation. Compensation carries 6% p.a. interest from the date of claim petition till realization; the insurer (R2 - New India Assurance) to deposit the enhanced amounts with accrued interest before the Tribunal within six weeks; apportionment per the Tribunal's award.
