1. Leave to amend the father's name of the appellant.
2. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claims Petition No.186 of 1992, whereby the Tribunal has awarded Rs.50,000/- to appellant-original claimants alongwith 12% interest thereon from the date of petition till payment with proportionate costs.
3. This claim petition arise out of the vehicular accident, which occurred on 30.05.1991. On that day, the deceased was going on kinetic honda and that time, one car No.GCB-4984 came from back side and dashed with the kinetic honda. As a result, the deceased fell down and sustained grievous injuries and died during the treatment. Therefore, the appellants filed claim petition before the Tribunal for compensation.
4. 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.
5. Learned counsel for the appellants has contended that the Tribunal has erred in assessing the monthly income of the deceased at Rs.600/-. It is submitted that the deceased was aged about 18 years at the time of accident, even though, the Tribunal has erred in adopting the multiplier of 5, considering the view that the parents cannot be considered to be dependents on the income of their daughter, after her marriage.
6. Learned advocate for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for.
7. Heard learned counsel for the parties and perused the record.
8. So far as the issue of negligence is concerned, the Tribunal, relying upon the evidence on record, rightly held the driver of the car solely negligent for the accident.
9. So far as the issue of quantum is concerned, the Tribunal has rightly assessed the monthly income of the deceased at Rs.600/-. The appellants- original claimants are parents of the deceased, therefore, ½ amount is required to be deducted towards personal expenses of the deceased. Hence, the monthly dependency comes to Rs.300/- and accordingly annual dependency comes to Rs.3,600/-. The deceased was aged about 18 years, even though, the Tribunal has adopted the multiplier of 5, considering the view that the parents cannot be considered to be dependents on the income of their daughter, after her marriage. In my view the Tribunal has grossly erred in adopting the multiplier of 5, the multiplier of 15 ought to have been adopted. Hence, total amount of dependency comes to Rs.54,000/-.
10. Further, the claimants are entitled for Rs.10,000/- under the head loss of estate, Rs.5,000/- under the head of funeral expenses and Rs.4,000/- under the head of medical expenses. In all, the appellants are entitled for Rs.73,000/-. As the Tribunal has already awarded Rs.50,000/-, the appellants are entitled for additional amount of Rs.23,000/-.
11. In the result, the appeal is partly allowed. The appellants are entitled for additional amount of Rs.23,000/- with interest at the rate of 7.5% per annum, from the date of application till realization. Rest of the award stands unaltered. Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]