1. The appellants herein, original claimants, had preferred M.A.C.P. No.02/1994 u/s.166 of the Motor Vehicles Act claiming total compensation of Rs.5.00 Lacs in connection with the vehicular accident that took place on 17.08.1993 in which Amit, the son of the appellants herein, had expired. The said claim petition was allowed in part by judgment and award dated 15.01.2002 whereby, a total compensation of Rs.1,95,000/- was awarded along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal for enhancement.
3. It has been mainly contended on behalf of the appellants that the Tribunal erred in computing compensation under the head of loss of dependency. It has been contended that the Tribunal has not considered the aspect of prospective income while calculating compensation and hence, the compensation awarded by the Tribunal deserves to be enhanced. In support of the submission, reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.
4. On the other hand, Mr. Mehta learned counsel for respondent no.3-Insurance Company supported the impugned award and submitted that the compensation awarded is just and legal and hence, the present appeal may be dismissed.
5. Though served, none appears on behalf of respondents no.1 & 2.
6. Heard learned counsel for the parties. On the basis of the documents produced on record, the Tribunal assessed the monthly income of the deceased at Rs.2,000/-. In my view, the said assessment of monthly income made by the Tribunal is appropriate. However, the Tribunal has not taken into consideration the prospective income while computing compensation.
7. Considering the principle laid down in Sarla Verma's case (supra), the prospective income of the deceased would come to Rs.3,000/- per month. Since the deceased was unmarried at the time of accident and the claimants are the parents, a deduction of ½ is to be made towards personal living expenses and hence, the monthly loss of dependency would come to Rs.1,500/- and annual loss at Rs.18,000/-. Keeping in mind the age of the mother of deceased at the time of accident, a multiplier of 15 is to be adopted. Accordingly, the total amount under the head of loss of dependency would come to Rs. 2,70,000/-. The Tribunal has awarded Rs.1,60,000/- under the above head and hence, the appellants are entitled for additional amount of Rs.1,10,000/- under the head of loss of dependency.
8. So far as compensation awarded under the other heads are concerned, the same are just, legal and appropriate.
9. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, are entitled for additional compensation of Rs.1,10,000/-
[Rupees One lac ten thousand only] along with interest at the rate of 07.5% per annum from the date of application till its realization over and above the compensation awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top