1. This appeal has been preferred against the common judgment and award dated 22.06.1999 passed in M.A.C.P. No.140/1996 by the Motor Accident Claims Tribunal, Jamnagar whereby, the claim petition was allowed in part and the appellants, original claimants, were awarded total compensation of Rs.4,41,240/- along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 15.12.1995 involving a Jeep bearing registration No. GBI-8106 and a Truck bearing registration No. GQY-4407 and in which Dr. BT Vithalani had expired.
3. The main contention raised on behalf of the appellants is that the Tribunal has not assessed the prospective income of deceased while computing loss of dependency. It is submitted that the multiplier adopted is also on the lower side considering the age of deceased at the time of accident. In support of the submissions, 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. Learned counsel for respondents supported the impugned award and submitted that the compensation awarded by the Tribunal is just, legal and appropriate and therefore, the impugned award may not be disturbed.
5. Heard learned counsel for the respective parties. To prove the aspect of income, the claimants had produced the last pay certificate of deceased vide Exhibit-54. The said document shows that the deceased was earning monthly salary of Rs.7,153/-. I find that the Tribunal has not considered the prospective income of deceased while computing loss of dependency. If we adopt the principle rendered in Sarla Verma's case (supra) for the purpose of computing prospective income, then the figure would come to Rs.10,729.50, which is rounded off to Rs.10,750/-. Thus, the annual prospective income of deceased would come to Rs.1,29,000/-. However, an amount of Rs.25,700/- is required to be deducted from the annual income, which is the limit of taxable income for the relevant year. Accordingly, the net annual income of deceased would come to Rs.1,03,300/-.
6. The deceased was a bachelor and the claimants herein are the parents and two sisters of deceased. As per the principle rendered in Sarla Verma's case (supra), a deduction of ½ is to be made towards personal living expenses of deceased while computing loss of dependency. Accordingly, the annual loss of dependency would come to Rs.51,650/-.
7. Considering the principle laid down by the Apex Court in the case of National Insurance Co. Ltd. v. Shyam Singh and others, AIR 2011 S.C. 3231, wherein it has been held that age of parents is to be looked into for ascertaining the appropriate multiplier, the multiplier of 13 is adopted in this case on the basis of the age of mother at the time of accident. Thus, if we adopt the said multiplier, the total amount under the head of loss of dependency would come to Rs.6,71,450/-. The Tribunal has awarded an amount of Rs.4,26,240/- only under the above head and hence, the appellants are entitled for additional amount of Rs.2,45,210/-. So far as the amounts awarded under other heads are concerned, the same are just and appropriate. Thus, the appellants are entitled to get additional compensation of Rs.2,45,210/-.
8. For the foregoing reasons, the appeal is allowed in part. The impugned common award passed in M.A.C.P. No.140/1996 is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.2,45,210/- [Rupees Two lacs forty five thousand two hundred ten only] along with interest at the rate of 07.5% per annum from the date of application till its realization with proportionate costs. 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/*