1. This appeal has been preferred against the judgment and award dated 01.04.1999 passed by the Motor Accident Claims Tribunal, Jamnagar in M.A.C.P. No. 637 of 1993, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,38,000/ along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 15.09.1993, while Bhaya Vajsi was going on his Motor cycle bearing no. GJ111771, at a particular place, a Truck bearing no. DL1G6918, driven by respondent no. 1, on account of rash and negligent driving, dashed with the Motor cycle, as a result of which, Bhaya Vajsi sustained severe injuries and died on the spot. The legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the appellants. The claimants in this appeal have prayed for enhancement on the ground that the Tribunal has erred in calculating dependency benefit inasmuch 1/3rd deduction has been made though the total number of dependents were two. However, considering the fact that the deceased was serving as SubInspector Head Clerk in SSB Centre, the Tribunal fixed the income at Rs.4,200/, which is just and appropriate. While calculating dependency benefit and considering the total number of dependents, the Tribunal ought to have deducted 1/2nd towards personal expenses, in view of the principle rendered in Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C.
121. Therefore, the monthly dependency loss would come to Rs.2,100/ and annual loss at Rs.25,200/. By adopting the multiplier of 14, the total income under the head of loss of dependency would come to Rs.3,52,800/. However, the Tribunal has awarded Rs.2,01,600 under the said head. Therefore, the claimants shall be entitled to additional amount of Rs.1,51,200/
4. So far as income under the head of loss of agricultural income is concerned, the Tribunal has assessed the annual income at Rs.6,000/. However, the Tribunal has erred in deducting 1/3rd amount though the total number of dependents were two. Considering the total number of dependents, the Tribunal ought to have deducted 1/2nd towards personal expenses, Therefore, the income under the head of loss to agricultural would come to Rs.3,000/. By adopting the multiplier of 14, the total income under the head of loss of agricultural income would come to Rs.42,000/. However, the Tribunal has awarded Rs.24,000/ under the said head. Hence, the claimants shall be entitled for additional amount of Rs.18,000/.
5. So far as income awarded under the other heads are concerned, the same are just and appropriate and hence, are not disturbed.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the appellants original claimants shall be entitled for additional compensation of Rs.1,69,200/ along with interest at the rate of 7.5% per annum from the date of application till its realization. Rest of the award remains unaltered and stands confirmed. The impugned award stands modified to the above extent. The appeal stand disposed of accordingly.
[K.S. JHAVERI, J.] /phalguni/