1. The appellants herein have challenged the award dated 02.01.2003 passed by the Motor Accident Claims Tribunal Kheda at Nadiad in Motor Accident Claims Petition No. 1245 of 2000 so far as the Tribunal awarded only Rs. 1,51,000/- as compensation with interest and costs.
2. It is the case of the appellant that on 26.04.2000 the son of the appellants met with an accident when a tempo which was being driven by the original opponent no. 1 in a rash and negligent manner hit him killing the son of the appellants. The appellants therefore filed claim petition for compensation to the tune of Rs. 5 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Hiren Modi, learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the appellant's monthly income only Rs. 900/- when the notional income ought to have been considered as Rs. 15000/- per annum. He submitted that having regard to the fact that the claimants were parents ½ of the income ought to have been deducted towards personal expenses.
4. In the present case the Tribunal has assessed the income of the deceased at Rs.900/-. The deceased was minor and therefore Rs. 15000/- per annum ought to have been considered as the notional income. The parents being the claimants shall be entitled to ½ of the total income after deducting ½ of the income towards the deceased's personal expenses. Accordingly the loss of income will be Rs. 7500/- per per annum.
4.1 However, I am of the view that, looking to the age of the claimant more particularly the mother which is 42, the multiplier of 15 awarded in the present case is on higher side. The just and proper multiplier would be 14. Therefore the future loss of income would come to Rs. 1,05,000 (Rs.7500 x 14). The Tribunal has awarded Rs. 54000/- under this head and therefore an additional amount of Rs. 51000/- is required to be granted.
5. As regards the rest of the awards under various heads are just and proper and no interference is required.
6. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 51,000/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//