1. By way of this appeal, the present appellants-original claimants have challenged the judgement and award dated 10.04.2003, passed by the Motor Accident Claims Tribunal(Auxi.i) Kachchh at Bhuj, in M.A.C.P. No.476 of 1994, whereby the tribunal has awarded compensation in the sum of Rs.7,00,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 13.07.1994 one Alish Abdulsha Saiyed was going from his house on his Lune Moped bearing registration No. GUX-1361. At that time one police Van bearing registration No.6698 came from behind and dashed the said Moped. As a result of the said accident, Alish Abdulsha Saiyed, sustained grievous injuries and due to which he died. 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 by the appellants-original claimants.
3. Learned counsel for the appellant contended that the tribunal has committed an error in assessing the monthly income of the deceased at Rs.7250/-. He further contended that the Tribunal has committed error in awarding Rs.50,000/- under the head of conventional amount. Therefore, he prayed to allow this appeal.
4. On the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit.
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. I find that the Tribunal has committed an error in assessing the monthly income of the deceased at Rs.7250/-. I am of the view that the Tribunal ought to have granted monthly income of the deceased at Rs.5000/-. 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, 1/4 amount is required to be deducted from the income of the deceased, as the claimants are four in number. After deducting 1/4 amount, the monthly dependency comes to Rs.3750/- per month and accordingly yearly income comes to Rs.45,000/-. If multiplier of 13 is adopted, the dependency come to Rs. 5,85,500/-.
6. I also find that the amount under the head of conventional amount is on higher side. The Tribunal ought to have awarded Rs.25,000/- under the head of convention amount. Thus, in all the claimants are entitled for compensation of Rs.6,10,000/-, whereas the Tribunal has awarded Rs.7,00,000/-. Therefore, the excess amount of Rs.90,000/- be refunded to the Insurance Company with interest and cost, if any, if the same is deposited by the appellant with the tribunal.
7. 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.]