1. This appeal has been preferred against the judgment and award dated 29.11.1997 passed by the Motor Accident Claims Tribunal [Main] Panchmahals at Godhra in M.A.C.P. No. 762 of 1990, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,69,000/- along with interest @ 15% per annum from the date of the application till its realization and also proportionate costs.
2. The facts in brief are that 17.04.1990 at around 0500 hours while Mansukhbhai was returning home from his Job, at that time, the driver of the mini truck bearing no. GQG 6518, in a rash and negligent manner, lost the control of the truck and dashed Mansukhbhai. As a result of which, Mansukhbhai sustained severe bodily injuries and later on he died. The legal heirs of the deceased, filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants herein, have filed the present appeal claiming for enhancement of the amount of compensation.
3. The appellants have prayed for enhancement of compensation on the ground that the Tribunal has erred in assessing the income of the deceased and that the multiplier was also on the lower side.
4. From the record it appears that the Tribunal has rightly assessed the income of the deceased. So far as multiplier adopted by the Tribunal is concerned, I find that the same to be on lower side since at the relevant time, the deceased was aged 25 years. In my opinion, the Tribunal ought to have adopted the multiplier of 17 in view of the principle laid down in the Sarla Verma's case (Supra). Hence, the total loss of dependency would come to Rs.1,53,000/- [9,000 x 17]. However, the Tribunal has awarded Rs.1,35,000/- only under the head of loss of dependency. Therefore, the claimants shall be entitled for additional amount of Rs.18,000/-.
5. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for additional compensation of Rs.18,000/-, over and above the compensation already awarded by the Tribunal, along with interest at the rate of 7.5% per annum from the date of application till its realization. The rest of the impugned award remains unaltered and is, confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/