1. This appeal has been preferred against the common judgment and award dated 13.12.2001 passed by the Motor Accident Claims Tribunal [Main], Surendranagar in M.A.C.P. No. 471 of 1995, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.5,25,064/ together with proportionate costs and interest @ 9% per annum from the date of the application till its realization.
2. In connection with the vehicular accident that took place on 24.04.1995 at around 1030 hrs., near Village Chharad – Olak, on Surendranagar Viramgam Road, involving a Luxury Bus and a Truck, in which Mohmadyusuf Abdulkadir Pathan expired, the legal heirs preferred claim petition being M.A.C.P. No.471/1995 before the Tribunal, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal for enhancement of the amount of compensation.
3. The learned counsel for the appellants has mainly contended that the Tribunal has erred in apportioning the ratio of negligence at 80 : 20. She further submitted that the amount of compensation awarded under different heads is on lower side.
4. Heard learned counsel for the respective parties and perused the documents on record. Having considered the evidence on record, I agree with the conclusion arrived at by the Tribunal on the issue of negligence. On the issue of quantum of compensation, it appears from the record that the deceased was serving in a Luxury bus and was earning Rs.4,000/per month as salary. Necessary documentary evidence was produced by the appellants to prove his income. After considering the documents on record, the Tribunal awarded Rs.5,12,064/ under the head of future dependency, which, in my opinion, is just, legal and appropriate and also in consonance with the latest law on the subject. However, the income under the head of loss of funeral expenses is on the lesser side and the Tribunal has not awarded any income under the head of loss of consortium. Hence, in view of the decision of the Hon'ble Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C.
121 the claimants shall be entitled to get additional amount of Rs.2,000/ under the head of funeral expenses and an amount of Rs.10,000/ under the head of loss of consortium.
5. In view of the above, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.12,000/ along with interest at the rate of 7.5% per annum from the date of application till its realization, over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
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