1. The appellant herein has challenged the award dated 10.12.2002 passed by the Motor Accident Claims Tribunal, Ahmedabad below Ex. 38 in Motor Accident Claims Petition No. 374 of 1998 so far as the Tribunal awarded only Rs. 1,30,000/- as compensation with interest and costs.
2. It is the case of the appellant that on 10.02.1998 Shri Prakash along with his friends was travelling in a Car bearing registration No. GJ-1-AP 6166 which was being driven by the original opponent no. 1 in excessive speed. Due to puncture in one of the tyres, the driver lost control of the vehicle as a result of which the car turned turtle killing Prakash. The appellants, being legal heirs and representatives, therefore filed claim petition for compensation to the tune of Rs. 2,50,000/-. The Tribunal after hearing the parties passed the aforesaid award.
Learned advocate appearing for the appellants submitted that the Tribunal erred in deducting 2/3 towards personal expenses of the deceased. He submitted that having regard to the fact that the deceased was only 21 years old the multiplier of 10 applied by the Tribunal is on lower side. He further submitted that the Tribunal has not awarded any amount under funeral expenses and loss of estate.
4. Learned advocate appearing for the respondent supported the award passed by the Tribunal and submitted that the same does not call for any interference by this Court. He submitted that considering the age of the parents of the deceased, the multiplier adopted by the Tribunal is just and proper.
5. Heard.
In the present case the Tribunal has assessed the income of the deceased at Rs. 3000/- per month. The Tribunal has deducted 2/3 towards personal expenses of the deceased. The Tribunal ought to have deducted ½ as the claimants are parents. Accordingly, the loss of dependency shall come to Rs. 1500/- per month and Rs. 18000/- per annum.
6. I am of the view that, looking to the age of the claimants, the multiplier of 10 awarded in the present case is on lower side. The just and proper multiplier would be 11. Therefore the future loss of income would come to Rs.1,98,000/- (Rs.1800 x 11).
7. The Tribunal ought to have awarded amount under the head of funeral expenses and loss of estate. Accordingly, Rs. 10000/- is awarded under the head of loss of estate and Rs. 5000/- is awarded under the head of funeral expenses.
8. Therefore the claimants are entitled to a total sum of Rs. 2,13,000/- (i.e. Rs.1,98,000/- for future loss of income + Rs.10,000/- for loss of estate + Rs. 5000 for funeral expenses). Therefore in all, an additional amount of Rs. 83,000/- is required to be paid to the appellant.
9. Accordingly, appeal is partly allowed. The appellant shall be entitled to an additional amount of Rs. 83,000/- alongwith interest at 7.5% from the date of application i.e 24.03.1998 till realisation. The award of the Tribunal is modified accordingly.
(K.S.
JHAVERI, J.) Divya// Top