By way of filing these appeals under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and order dated 20th December 2003 passed by the learned Motor Accident Claims Tribunal at Veraval whereby the Tribunal has partly allowed the claim petitions filed by the claimants. 2 The short facts of the present appeals are that on 14th May 1993 deceased Kantaben and Bhartiben and other passengers were coming from Okha to Vanakbara in the ill fated Luxury Bus of Kamnath Travels. At about 10 PM the said bus was passing on the Una Veraval Highway and when it reached Sundarpara Patiya, due to excessive and negligent driving of the Driver of the said Bus, it dashed with a tree due to which both the claimants died on the spot. Their heirs, therefore, filed the claim petitions being MAC Petitions Nos.71 and 73 of 1993 before the Tribunal claiming the compensation.
3 The claimants have contended that the deceased were earning Rs.1200 to 1500 per month by fishing work for 8 months and in the rest of the period they were earning income by doing knitting of fishing net. However, the Tribunal considered Rs.10,000 as the income of the deceased per annum and deducted 1/3rd amount towards personal expenses of the deceased. Looking to the age of deceased, the Tribunal awarded multiplier of 16 and awarded Rs.53,500 towards future loss of income. Over and above, the Tribunal has awarded Rs.10,000 towards loss of consortium and Rs.2,000 towards funeral expenses. Thus, in all, Rs.65,500 was awarded by the Tribunal.
4 In view of the decision of the Apex Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Another, reported in (2009) 6 SCC 121, in case the claimant is a mother, then, there should be deduction of one half towards personal expenditure. Therefore, the annual dependency would come to Rs.5,000/-. If the multiplier of 16 is adopted, the total amount under the head of loss of dependency would come to Rs.85,000/-. Over and above, the same, the appellants are entitled to get Rs.5,000 towards loss to estate and Rs.5,000 towards funeral expenses. Thus, the claimants are entitled to Rs.95,000 in each of the claim petitions. Thus, the claimants are entitled to get additional amount of Rs.29,500 along with interest at the rate of 7½ % per annum from the date of the petition till the date of realisation.
5. In view of the above, the judgment and award dated 20th December 2003 passed by the learned Motor Accident Claims Tribunal at Veraval in Claim Petition Nos.71 of 2000 and 73 of 2000 is modified to the aforesaid extent. Both the appeals are allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd