1. This appeal has been preferred by the appellants, original applicants, against the judgment and award dated 25.08.2004 passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj in M.A.C.P. No.570/1995 whereby, the claim petition was allowed in part and the appellants were awarded total compensation of Rs.2,07,000/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs as against the total claim of Rs.6.00 Lacs.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 30.07.1994 in which Ganeshdan Deshaldan Gadhavi had expired.
3. The main head under which the appellants have prayed for enhancement of compensation is that the amount awarded under the head of loss of dependency is on the lower side. Reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.
4. Heard learned counsel for the respective parties. It appears from the record that the Tribunal has deducted 2/3rd amount towards personal living expenses of deceased while computing the dependency benefit. Considering the principle rendered in Sarla Verma's case (supra), a deduction of ½ is to be made under the above head since the deceased was unmarried and claimants are the parents. Thus, if we deduct ½ towards personal living expenses of deceased, the monthly loss of dependency would come to Rs.1,500/- and annual loss at Rs.18,000/-. The appropriate multiplier would be 13, considering the age of mother, who was 48 years at the time of accident, Thus, the total amount under the head of loss of dependency would come to Rs.2,34,000/-. The Tribunal has awarded Rs.1,92,000/- under the above head. Hence, the claimants shall be entitled for additional amount of Rs.42,000/- under the head of loss of dependency.
5. Under no other heads the appellants have sought enhancement of compensation.
6. For the foregoing reasons, 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.42,000/- [Rupees Forty two thousand only] along with interest at the rate of 07.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*