1. The appellant Insurance Company has preferred this appeal against the judgement and award dated 29.04.2004, passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj, in M.A.C.P. No.574 of 2001, whereby the tribunal has awarded compensation in the sum of Rs.2,95,100/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in a vehicular accident one Smt. Jaliben Palabhai Rabari expired. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 574 of 2001, before the Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-Insurance Company.
3. Learned Counsel for the appellant contended that the Tribunal has committed an error in awarding compensation to the claimants. He further contended that the Tribunal has wrongly applied the multiplier, since the multiplier is to be applied only in case of non-fatal injury and instead of multiplier it ought to have applied the method of structured formula, as provided under the Second Schedule of the Act.
4. Learned counsel for the respondents has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in adopting multiplier. Tribunal ought to have applied the method of structured formula, as provided under the Second Schedule of the Act. There is no dispute about the income of the deceased, which is at Rs.2100/- per month. At the time of accident, the age of the mother of the deceased at about 45 years. Therefore, dependency comes to Rs.3,60,000/- as per the Second scheduled. After deducting 1/3 amount towards personal expenses, the dependency comes to Rs.2,40,000/-+ Rs.2000/- towards funeral expenses + Rs.2500/- towards loss of estate, as per schedule. Therefore, in all the claimants are entitled to only Rs.2,49,500/- whereas the Tribunal has awarded Rs.2,95,100/-. Therefore, the excess amount of Rs.45,600/- be refunded to the Insurance Company with interest and cost, if any, if the same is deposited by the appellant with the tribunal.
6. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
7. Since the appeal preferred by the Insurance Company i.e. F.A. No. 103 of 2005 has been partly allowed, the appeal being First Appeal No.303 of 2005 preferred by the claimants for enhancement, does not survive. Hence, this appeal is dismissed. No order as to costs.
pawan [K.S.JHAVERI,J.]