1. By way of this appeal, the appellant-original opponent No.2 has challenged the judgement and award dated 16.08.1994 passed by the Motor Accident Claims Tribunal, Bhavnagar, in M.A.C.P. No.127 of 1985, whereby the tribunal has awarded compensation in the sum of Rs.2,,44,000/- to the original claimants with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 05.4.1985, one Jaswantrai Bhagwanji Dhokia along with his wife were proceeding from Lathodia to Bhavnagar on the scooter bearing registration No. GIF 9150. The said scooter was driving by the Jaswantrai Bhagwanji Dhokia. At that time one S.T. bus bearing registration No. GRR 9190 came and dashed the scooter. As a result of the said accident, Jaswantrai Bhagwanji Dhokia and his wife sustained grievous injuries and due to which they died. Therefore, the legal heirs of the deceased filed claim petition before the Tribunal. The Tribunal after hearing learned advocate for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original opponent No.2.
3. Learned counsel for the appellant has only assailed on the point the multiplier. He further submitted that looking to the age of the deceased, the tribunal ought to have adopted the multiplier of 15 instead of 16.
4. I have heard learned Learned counsel for the parties and perused the materials on record. From the record, it is clear that at the time of accident, the deceased-Jasvantrai was aged about 40 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 16 adopted by the tribunal is on higher side, it should be 15. The tribunal ought to have adopted the multiplier of 15 instead of 16. If the multiplier of 15 is adopted the net amount under the head of dependency comes of Rs. 14,000/- x 15 = Rs.2,10,000/- whereas the the tribunal has awarded Rs.2,24,000/-. Therefore, the claimants are only entitled for an amount of Rs.2,10,000/- under the head of dependency. Therefore, the excess amount of Rs.14,000/- will be refunded to the appellant-Corporation with interest and cost, if any, if the same is deposited by the appellant with the tribunal.
5. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
6. In view of the aforesaid findings, the cross-objection stands dismissed.
(K.S.JHAVERI,J.) pawan Top