1. Present appeal arises out of a judgment and award rendered by the Motor Accident Claims Tribunal, Kachchh-Bhuj, dated 06.11.2004, in M.A.C.P. No.730 of 2003. Present respondent Nos.
1 to 4 were the original claimants, who had preferred the said claim petition under Section 163-A of the Motor Vehicles Act, claiming compensation of Rs.4,84,500/- on account of death of Kasam Alimamadbhai Jat, aged 23 years, who was working as cleaner on the truck bearing registration No.GJ-12-T-8450 and was earning Rs.4500/- per month.
2. According to the claimants, the incident occurred on 30.11.2003, while the deceased was working as a cleaner on the truck bearing registration No. GJ-12-T-8450. The claimants are the parents and brothers of the deceased. The father was aged about 53 years and the mother was aged about 50 years, at the time of accident.
3. The tribunal assessed the income of the deceased at Rs.36,000/- per annum and deducted there from an amount equivalent to 1/3 of it, towards expenses of the deceased on himself. Thereafter, on applying the multiplier of 10 the amount of compensation would come to Rs.2,40,000/- along with interest at the rate of 9 per cent per annum.
4. In the opinion of this Court and in view of the material produced on record, it cannot be said that the income of the deceased was over- assessed in any manner by the tribunal, going by the rate of inflation. The claimants, therefore, would be entitled to a compensation of Rs.2,40,000/- under the head of loss of dependency in addition to Rs.2500/- under the head of loss of estate and Rs.2000/- under the head of funeral expenses, totaling to Rs.2,44,500/-, as against Rs.4,36,500/- awarded by the tribunal.
5. The appeal would, thus, stand PARTLY ALLOWED. The claimants shall be entitled to a compensation of Rs.2,44,500/- with proportionate costs and interest at the rate of 9 per cent per annum from the date of application, till realization. The appellant shall be REFUNDED the balance amount, if any, deposited in excess of entitlement of the claimant. Ordered accordingly.
(A.L.DAVE, J.) Umesh/