1. This appeal has been preferred against the judgment and award dated 18.06.2001, passed by the Motor Accident Claims Tribunal [Main], Rajkot, in M.A.C.P. No. 545/1995, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,31,000/ along with proportionate costs and interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 20.02.1995, at around 0500 hours, while Shantilal was going in a rickshaw, at a particular place, the driver of the Truck bearing no. GTB 4614, in a rash and negligent manner dashed with the rickshaw, as a result of which, Shantilal sustained severe bodily injuries and died on the spot. The legal heirs of the deceased, appellants herein, filed claim petition, which came to be partly allowed, by way of the impugned award. By way of this appeal, the appellants have claimed for enhancement of the amount of compensation.
3. The learned counsel for the appellants has sought enhancement of compensation mainly on the ground that the Tribunal has erred in deducting 2/3rd amount from the monthly income of the deceased for the purpose of calculating loss of dependency, which is contrary to the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt,) & Ors. V Delhi Transport Corporation & Anr., (2009) 6 SCC 121, wherein it has been held that the deduction of 1/2nd has to be made for calculating dependency benefits in case parents are the dependents.
4. Having gone through the impugned award, I find that the Tribunal has assessed the prospective income of the deceased at Rs.1,500/ per month, which in my opinion is just and reasonable. However, while calculating the loss of dependency, the Tribunal has deducted 2/3rd amount for personal expenses of the deceased, which is contrary to the principle laid down by the Hon'ble Apex Court in the case of Sarla Verma (supra). In this case, the dependents are the parents. Therefore, the Tribunal ought to have deducted 1/2nd instead of 2/3rd towards personal expenses. Hence, the loss of dependency would come to Rs.750/ per month and Rs.9000/ annually. Further, in the case of National Insurance Co. Ltd. v. Shyam Singh and others, AIR 2011 S.C. 3231, the Apex Court has held that age of parents is to be taken into consideration. If we adopt the formula specified in the Second Schedule by considering the age of the mother of deceased at the time of accident and the annual income at Rs.9000/, the total compensation would come to Rs.1,26,000/. The aggregate amount under the other heads would come to Rs.35,000/ Thus, in all the claimants shall be entitled for total compensation of Rs.1,61,000/. However, the Tribunal has awarded total compensation of Rs.1,31,000/. Hence, the claimant shall be entitled additional compensation of Rs.30,000/ @ 7.5.% per annum.
5. In view of the above, the appeal is partly allowed. The impugned award and judgment is modified to the extent that the appellants shall be entitled for additional compensation of Rs.30,000/ along with interest @ 7.5.% per annum, from the date of the application till its realization. The rest of the impugned award remains unaltered and is accordingly confirmed.
6. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
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