1. The appellants herein have challenged the award dated 16.04.2001 passed by the Motor Accident Claims Tribunal Palanpur in Motor Accident Claims Petition No. 449 of 1990 so far as the Tribunal awarded only Rs. 1,45,000/- as compensation with interest at the rate 12% from the date of filing the claim petition till realisation.
2. It is the case of the appellants that on 01.08.1990 the deceased was going on his bicycle and at that time, one jeep No.GJ-8-391 came in excessive speed and dashed with the bicycle of the deceased. As a result, the deceased sustained grievous injuries and died during the treatment. The appellants therefore filed claim petition for compensation to the tune of Rs. 2 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
Learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the deceased's yearly income only Rs. 12000/- when the notional income ought to have been considered as Rs. 15000/- per annum. He submitted that having regard to the fact that there are five claimants, only 1/5 of the income ought to have been deducted towards personal expenses.
4. In the present case, in absence of any specific evidence regarding the income, the Tribunal was justified in assessing the monthly income of the deceased at Rs.1000/- and annual income at Rs.12,000/-, but, the Tribunal ought to have considered the fact that there were five claimants, out of which there were two minor children and therefore, ¼ deduction ought to have been made towards personal expenses of the deceased. Hence, the annual dependency comes to Rs.9,000/-. The Tribunal has adopted the multiplier of 15, but, considering the fact that the deceased was aged about 25 yearsm, the multiplier of 18 should have been adopted. Thus, total amount under the head of dependency comes to Rs.1,62,000/-. The Tribunal has awarded Rs.1,20,000/- under the said head, therefore, the appellants are entitled for additional amount of Rs.42,000/-.
5. As regards the rest of the awards under various heads are just and proper and no interference is required.
6. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 42,000/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.
JHAVERI, J.) ..mitesh..
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