1. By way of this appeal, the present appellant has challenged the judgement and award dated 21.08.2000, passed by the Motor Accident Claims Tribunal, Gandhidham-Kutch, in M.A.C.P. No.73 of 1999, whereby the tribunal has awarded compensation in the sum of Rs.3,36,800/- to the claimants with interest at the rate of 12% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 10.07.1999 at about 2.00 p.m. an accident occurred and due to the accident one Mukesh Karamsinhbhai Gadhvi, expired on the spot. Therefore, the heirs of the deceased filed claim petition being M.A.C.P. No.73 of 1999, before the Motor Accident Claims Tribunal, Gandhidham-Kutch, for compensation.
2.1. The learned tribunal after hearing learned advocates 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.
3. Learned counsel for the appellant contended that the tribunal has committed an error in deducting ¼ amount from the income of the deceased. Therefore, he submitted that the award passed by the tribunal is illegal, unjust and required to be reduced by this Court.
4. Learned Advocate for the respondents has submitted that the tribunal has rightly assessed the compensation and the award is just and proper and looking to the assessment made by the tribunal no interference is called for by this Court.
5. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. There is no dispute about the monthly income of the deceased, which is at Rs.2250/- per month. I find that the Tribunal has committed an error in deducting ¼ amount from the income of the deceased. As per the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, the tribunal ought to have deducted 1/3 amount as the claim petition was filed by the widow and two sons of the deceased. If the income of the deceased is calculated at Rs.2250/- per month after deducting 1/3 amount, the net amount comes to Rs.15,000/- per month and accordingly yearly income comes to Rs.18,000/-. If multiplier of 17 is considered, the dependency come to Rs. 3,06000/-, whereas the Tribunal has awarded Rs.3,46,000/- under the head of dependency. Therefore, Rs. 40,000/- is required to be deducted from the loss of dependency. The excess amount of Rs.40,000/- along with 3% of interest will be refunded back to the appellant- Insurance Company, if the same is deposited by the appellant with the tribunal. Rest of the award are just and proper therefore they are not disturbed.
6. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]