1. By way of this appeal, the present appellants-original claimants have challenged the judgement and award dated 28.06.2002, passed by the Motor Accidents Claims Tribunal (Aux.), Gandhinagar, in M.A.C.P. No.927 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.84,000/- 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 30.10.1990 Mohammed Irshad was travelling in Truck No.MWU-4673 and when the said Truck reached near Dhanap patia at that time, the Opponent No.1 of the said Truck lost control and as a result, the Truck was turtled. As a result, Mohammed Irshad died on the because of serious injuries. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.927 of 1991 before the Tribunal for compensation.
3. 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 appellant.
4. Learned counsel for the appellants has submitted that the tribunal has not properly considered the evidence produced on record. He further submitted that in view of 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, the tribunal has committed an error in awarding compensation under the head of future loss income. Therefore, he submitted that the amount awarded by the tribunal is required to be enhanced by this Court.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. So far as the issue of negligence is concerned, the Tribunal has relied upon FIR, Panchnama and oral evidences and rightly held opponent Nos.1 to 3 jointly and severely liable for the accident.
6. So far as the issue of quantum is concerned, the Tribunal has assessed the monthly income of the deceased at Rs.1,200/-. As the claimants were parents, 1/2 amount is required to be deducted towards personal expenses. Tribunal has erred in deducting 1/3 amount towards personal expenses. Hence, monthly dependency comes to Rs.600/- and accordingly, annual dependency comes to Rs.7,200/-. As the age of the deceased was 20 years at the time of accident, the Tribunal was justified in adopting the multiplier of 15. Hence, total amount of dependency comes to Rs.1,08,000/-. The Tribunal has awarded Rs.72,000/- under the said head.
7. Further, the claimants are also entitled for an amount of Rs.10,000/- under the head of loss to the estate and Rs.5,000/- under the head of funeral expenses. In my view, the Tribunal has awarded Rs.2,000/- under the head of transportation charges is just and proper. Therefore, the claimants are entitled to Rs.1,08,000 + Rs.10,000 + Rs.5,000 + Rs.2,000 = Rs.1,25,000/-, whereas the tribunal has awarded Rs.84,000/-. Therefore, the claimants are entitled for an additional amount of Rs.41,000/-.
8. In view of the matter, claimants are entitled for an additional amount of Rs.41,000/- with interest at the rate of 7.5% per annum from the date of application till realization.
9. The judgment and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. Present appeal is partly allowed.
mehul (K.S.JHAVERI,J.)