1. In connection with the vehicular accident that took place on 12.02.1989 in which Jadavbhai Ranabhai expired, the heirs and legal representatives of deceased had preferred M.A.C.P. No.354/1989 before the Motor Accident Claims Tribunal, Junagadh claiming total compensation of Rs.3.23 Lacs. The said claim petition was allowed in part, by judgment and award dated 29.01.1997, whereby, the appellants were awarded total compensation of Rs.1.30 Lacs along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.
2. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal for enhancement.
3. Heard learned counsel for the respective parties. Mr. Mehta learned counsel appearing on behalf of Ms. Mandavia for the appellants mainly argued on the aspect of multiplier adopted by the Tribunal when he realized that the Court was not inclined to consider the submissions regarding contributory negligence and the assessment of income made by the Tribunal. Hence, the findings recorded by the Tribunal on the issue of contributory negligence and the assessment regarding income made by the Tribunal are not discussed in this appeal and are, accordingly, confirmed.
4. However, so far as the issue of multiplier is concerned, the Tribunal has adopted multiplier of 15 while calculating dependency benefit. Considering the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121, the multiplier of 18 is to be adopted in the facts of the present case. Thus, by adopting the multiplier of 18, the total dependency benefit would come to Rs.1,29,600/-, i.e. Rs.7,200 X 18. The Tribunal has awarded Rs.1,08,000/- under the above head and hence, the appellants shall be entitled for additional amount of Rs. 21,600/- under the head of loss of dependency. The appellants shall also be entitled for additional amount of Rs.3,000/- towards funeral expenses.
5. So far as compensation awarded under the other heads are concerned, the same are just, legal and appropriate. Hence, I find no reasons to enhance the same.
6. In the result, 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.24,600/- [Rupees Twenty four thousand six hundred 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/*