1. The appellants have preferred this appeal against the judgment and award dated 20.10.2000 passed by the Motor Accident Claims Tribunal(Aux.), Ahmedabad (Rural) in M.A.C.P. No.273 of 1991, whereby the Tribunal has awarded compensation in the sum of Rs.3,13,000/- to the claimants with interest at the rate of 12% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 05.12.1990, the deceased-Bharatkumar Harikrushnadas Parikh was traveling in one S.T. Bus bearing Registration No.GRU-7119 and which was going towards Gandhinagar. When the said S.T. Bus was reached near the cross-road of Gandhinagar-4, the driver of the said bus did not reduce the speed while taking turn and the deceased was banged with the door and thrown out from the running S.T. Bus. As a result thereof, he sustained injuries and due to the said accident, he was expired. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.273 of 1991 before the Tribunal for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in adopting the multiplier of 12. He further contended that the Tribunal ought to have granted multiplier of 14 in view of the decision of the Apex court in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. I have heard the learned counsel for the respective parties and perused the record. It appears from the record that the Tribunal has committed an error in deducting the personal income of the deceased, as the claimants are seven in number, therefore, in view of the decision of the Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121, the Tribunal ought to have deducted 1/5th amount, there was no dispute about the income of the deceased which is at Rs.3,000/- per month, if monthly income is considered at Rs.3,000/- after deducting 1/5th amount monthly dependency comes to Rs.2,400/- per month and accordingly, the annually it comes to Rs.28,800/-. I also find that the Tribunal has committed an error in adopting the multiplier of 12. In view of the decision of the Apex Court in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121, the Tribunal ought to have adopted the multiplier of 14 instead of 12. If multiplier 14 is adopted then total dependency will come to Rs.4,32,000/-. Over and above, the claimants are entitled to get Rs.20,000/- under the other heads. Thus, in all, the claimants are entitled for Rs.4,52,000/- whereas the Tribunal has awarded Rs.3,13,000/-.
8. In that view of the matter, the claimants are entitled for additional amount of Rs.1,39,000/- with interest at the rate of 7.5 percent from the date of filing of the application till its realization. The amount, if any, lying with the Registry shall be transmitted to the Tribunal forthwith.
9. The judgment and award of the Tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.]
koshti/