1.0 This appeal is directed against the judgement and award dated 30.11.2001 passed by the Motor Accident Claims Tribunal ( Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 318 of 2001 whereby the Tribunal has awarded a compensation in the sum of Rs.2,60, 500/ to the claimants.
2.0 On 03.08.2001 when Shri Chhotuprasad Shakaldev Kahar was working near the wall in the Show Pipe Factory at Mundra, a Trailer driven by opponent No.1 without cleaner dashed with the wall, as a result of which the wall fell on Chhotuprasad and he died. The widow of the deceased preferred the aforesaid claim petition under Section 163A of the Motor Vehicles Act before the Tribunal wherein the aforesaid award came to be passed which is challenged in the appeal.
3.0 Learned advocate for the appellant contended that the learned Tribunal has committed error in considering the multiplier on the basis of the age of the deceased who was aged 15 years at the relevant time; that the multiplier should be applied on the basis of the age of the claimant who was 58 years and deduction towards personal expenses should be 2/3rd.
4.0 Learned Advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned Advocates for the parties and perused the documents on record. The claim petition was filed by the claimant as per the provisions of Section 163A of the Motor Vehicles Act, 1988. The claimant is the mother of the deceased. Therefore the multiplier should have been as per the age of the mother. The age of the claimantmother at the time of accident is 58 years. Hence, considering the annual income of Rs. 24,000/ and as per Second Schedule of Motor Vehicles Act, 1988 for the age of 58 years, 8 multiplier can be applied. Hence, the claimant is entitled to only Rs. 1, 92, 000/ ( Rs. 24, 000 x8). The Tribunal has awarded Rs. 2, 60, 500/ as compensation and therefore an excess of Rs.68,500/ ( Rs. 2, 60, 500 Rs. 1, 92, 000/.) has been awarded. It is therefore held that the claimants are entitled to Rs.1,92,000/. The award is modified accordingly. The excess amount shall be withdrawn by the Insurance Company. The appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.JHAVERI, J.) niru*