1.0 This appeal is directed against the judgment and award dated 16th June 2005 passed by learned Motor Accident Claims Tribunal (Auxi) FTC No.12, Morvi in Motor Accident Claim Petition No.35 of 1991 whereby the Tribunal has awarded a sum of Rs.2,22,000/ along with interest at the rate of 9% per annum.
2.0 The claimants have filed the aforesaid claim petition claiming compensation for the death of Ramesh Mathurbhai due to vehicular accident took place on 22nd November 1990 on MorviWankaner Highway near Makansar village. Deceased Rameshbhai was serving as a cleanercumsecond river in a truck. On 22nd November 1990 when the Truck was passing near village Makanser the driver lost control of the truck and it turned turtle. Ramesh Mathurbhai sustained serious injuries and ultimately succumbed to the same. The claimants had claimed a sum of Rs.4 lacs and after hearing the parties the Tribunal has awarded the amount as stated hereinabove. The present appeal is at the instance of the claimants for enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that the Tribunal has committed an error in taking the income only at Rs.1000/; that the deceased was possessing licence of heavy motor vehicles at the time of the accident; that the multiplier ought to have been 20 and that the interest ought to have been at the rate of 12% per annum. He further submitted that amount is required to be awarded under loss of consortium and loss of estate.
4.0 Though served none appears for the respondent.
5.0 As regards income is considered, looking to the evidence, it is found that the salary was Rs.1200/ and the deceased was given Rs.25/ per day. Therefore the income should be Rs.1500/. Out of which one fourth is required to be deducted for arriving at dependency loss as per the ratio laid down in the case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. After such deduction the dependency loss would come to Rs.1125/ per month and Rs. 13500/ per year. The Tribunal has taken multiplier of 17 which is just and proper. Therefore the future loss of income would come to Rs. 229500/. The Tribunal has awarded a sum of Rs.2,04,000/ for future loss of income. Therefore, claimants are entitled to additional amount of Rs. 25500/ ( Rs. 229500/ Rs. 204500/).
5.0 The Tribunal has awarded Rs. 5000/ towards the funeral expenses which is just and proper. However, the amount of Rs. 5000/ towards the loss of consortium and Rs. 5000/ towards loss to the estate are on lower. Therefore, the claimants are entitled for additional amount of Rs. 5000/ towards loss of consortium and additional amount of Rs. 5000/ towards loss to the estate.
6.0 The learned Tribunal has awarded a sum of Rs. 222000/ for compensation. In view of the above fact, the claimants are entitled to total compensation of Rs. 257500/ ( Rs.. 229500/ towards future loss of income + Rs. 10000/ toward loss to the estate + Rs. 10000/ towards loss to the estate + Rs. 5000/ towards funeral expenses + Rs. 3000/ towards transportation charges). The claimants are entitled for an additional amount of Rs. 35500/ ( Rs. 257500/ Rs.. 222000/) at the rate 7.5% from the date of application. The judgement and award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*