1.0 This appeal is directed against the judgement and award dated 04.03.2005 passed by the learned Motor Accident Claims Tribunal (Auxi.), Court No.15, Ahmedabad in Motor Accident Claim Petition No.879 of 2001 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs.2,06,000/ along with interest at the rate of 9% per annum from the date of claim petition till realization.
2.0 On 19.08.2001 at about 5.30 evening Dhara Prafulbhai Patel was riding bicycle. At that time a tractor came and dashed with the bicycle. As a result of this Dhara sustained injuries and succumbed to the same. The claimants therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal has committed error in assessing income of Rs. 3000/ and thereby awarding future loss of income at Rs.189000/; that since the parents of the deceased are the claimants, 50% is required to be deducted towards the loss of dependency in view of decision in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121 and the multiplier ought to have been applied considering the age of the parents in view of the decision in case of National Insurance Co. Ltd. vs. Shyamsing reported in AIR 2011 SC 3231.
4.0 Learned advocate for the respondent submitted that the accident was of the year 2001 and at that time the notional income was Rs.
15000/.
5.0 Heard learned advocates for the respective parties and perused the documents on record.
6.0 As far as income in concerned, since the accident is of the year 2001, the Tribunal considering the entire facts and circumstances of the case rightly assessed the notional income of Rs. 15000/ and prospective income would come to Rs. 22500/. The parents are the claimants. Therefore, 50% towards loss of dependency would come to Rs. 11250/. In view of of decision of the Hon'ble Apex Court in case of National Insurance Co. Ltd. vs. Shyamsing (supra) , the parents' age is required to be considered for taking multiplier. Considering age of the mother as 33 years, 16 multiplier ought to have been applied. By applying multiplier of 16, the future loss of income would come to Rs.180000/. The Tribunal awarded for future loss of income. Therefore, there is an excess amount of Rs. 9000/.
7.0 The Tribunal awarded Rs. 10000/ for expectation of life, Rs.5000/ for funeral expenses and Rs. 2000/ for transportation is just and proper.
8.0 In view of the above, the claimants are entitled to total compensation of Rs. 197000/ (Rs. 180000/ towards future loss of income + Rs. 10000/ towards loss to the estate + Rs. 5000/ towards funeral expenses+ Rs. 2000/ towards transportation). The Tribunal has awarded Rs. 206000/. Therefore, an excess amount of Rs. 9000/ shall be refunded to the insurance company with the proportionate cost. The award is modified accordingly. Appeal is allowed to the aforesaid extent.
(K.S.JHAVERI, J.) niru*