Bhavanbhai Lagharabhai Bharwad & 1 vs Abdulsatar Isufbhai Kadava & 2S

1.0 This appeal is directed against the judgment and award dated 30.06.2005 passed by the learned Motor Accident Claims Tribunal (Main), Navsari in Motor accident Claim Case No.42 of 2003 wherein the Tribunal has awarded a sum of Rs.1,08,500/­ along with interest @ 6% from the date of filing the main petition and also the proportionate costs of the application.

2.0 The claimants had preferred the aforesaid claim petition in view of death of minor Radhikaben, aged about 7 years, caused in a vehicular accident occurred on 25.11.2002. The Tribunal has passed the aforesaid award. The present appeal is filed by the claimants for enhancement.

3.0 Heard the learned advocates for the respective parties and perused the documents on record. As result of this exercise it is found that learned Tribunal has committed error in assessing the annual income of the deceased at Rs. 7800/­ though in the claim petition the claimants had stated that the income would be Rs. 15,000/­ per annum. Since the claim petition is filed under Section 163­A of the Motor Vehicles Act, the Second Schedule is applicable for the compensation. As per schedule considering the income of Rs. 300000/­ ( Rs. 240000/­ + Rs. 50,000/­) and deducting 50% towards personal living and expenses since the claimants are the parents, the loss of dependency benefit would come to Rs. 1,50,000/­. In the present case the multiplier is not strictly applicable in view of the decision of the Hon'ble Supreme Court in case of National Insurance Co. Ltd Vs. Gurumallamma and another reported in 2009(9) SCALE 764. After adding the amount of Rs.2000/­towards funeral expenses and Rs. 2500/­ towards loss to the estate the total amount would come to Rs.1,54,500/­. The Tribunal has awarded a sum of Rs.1,08,500/­. Therefore the claimant will be entitled to an additional sum of Rs.46,000 along with interest at the rate of 7.5% per annum from the date of application. The judgement and award is modified accordingly. The appeal is allowed to the aforesaid extent with no order as to costs.

(K.S.JHAVERI, J.) niru*