1. This appeal has been preferred against the judgment and award dated 23.06.2000 passed by the Motor Accident Claims Tribunal [Auxi.] at Veraval in M.A.C.P. No. 236 of 1991, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.90,000/ along with interest @ 12% per annum from the date of application till its realization.
2. The facts in brief are that the son of the appellant – Ramjibhai Jivabhai who was serving as a Cleaner in a Truck bearing No. GJ11T7872, while he was sleeping below the said truck, the driver of the Truck without any intimation started the truck, as a result of which Ramjibhai sustained severe bodily 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 present appeal has been filed for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. The only ground on which the impugned award of the Tribunal has been assailed is that the income assessed under the head of loss of dependency is illegal and erroneous. It is submitted that though the yearly income of the deceased has been assessed at Rs.18,000/, only Rs.6,000/ (2/3rd) has been deducted towards personal expenses of the deceased in spite of the fact that the claimants are the parents of the deceased. It is submitted that at least 1/2nd portion ought to have been deducted. Further, the multiplier of 15 is contrary to law as the same is against the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, (2009) 6 S.C.C. 121.
4. The claimants are the parents of the deceased. I find substance in the submission advanced on behalf of the appellants since claimants are the parents of the deceased and therefore, shall be entitled for 1/2nd of the amount towards loss of dependency. Therefore, claimants shall be entitled for Rs.9,000/ annually towards income under the head of loss of dependency. The multiplier of 15 adopted by the Tribunal is not in consonance with the principle laid down by the Apex Court in Sarla Verma's case (supra) and the appropriate multiplier would be 14 considering the age of the deceased at the time of accident. Therefore, the claimants shall be entitled for Rs.1,26,000/ [9,000 X 14] towards income under the head of loss of dependency. Hence, the claimants shall be entitled for Rs.1,26,000/ under the head of loss of dependency. It also appears that the Tribunal has awarded on Rs.2,000/ towards funeral expenses. Keeping in mind the principle laid down in Sarla Verma's case (supra), the appellants shall be entitled for additional Rs.3,000/ under the head of funeral expenses. No other contention has been raised by learned counsel for the appellants. Thus, in all, the appellants are entitled to receive additional compensation of Rs. 1,29,000/.
7. 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.51,000/ along with interest at the rate of 7.5% per annum from the date of application till its realization, over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent. The rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/