1. By way of this appeal, the present appellants- original claimants have challenged the judgement and award dated 07.01.1992, passed by the Motor Accident Claims Tribunal(Main), Vadodara, in M.A.C.P. No.1275 of 1988, whereby the tribunal has awarded compensation in the sum of Rs.3,12,000/- to the claimants with interest at the rate of 12% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 11.11.1988 one Ramanbhai was going on his scooter bearing registration No.GBP 7570 along with his wife Madhuben. At that time one Tempo bearing registration No. GTJ 7389 came from behind and dashed the scooter of Ramanbhai. As a result of the said accident, Ramanbhai and his wife Madhuben both sustained grievous injuries and due to which they died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.1275 of 1988 before the Tribunal for compensation. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petitions and passed the award as stated hereinabove against which the present appeal is preferred by the appellants- original claimants.
3. Learned counsel for the appellants has submitted that the Tribunal has committed an error in assessing the monthly income of the deceased and deducting Rs.8000/- amount towards personal expenses. He further submitted the tribunal ought to have adopted the multiplier of 14 instead of 12 in case of father and 15 in case of mother. He therefore, prayed to allow this appeal.
4. Learned Advocate for the respondents has submitted that the tribunal after considering the evidence on record has awarded the compensation, therefore, he prayed to dismiss the present appeal.
5. I have heard learned advocates for both the parties and perused the material on record. I appears from the income tax return form that the Tribunal has committed an error in assessing the income of father, I am of the opinion that it should be 16400/ - per annum and in view of the decision of the Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, there shall be 30% increase due to future economic prospects. Hence, it would come to Rs.21,320/-. Out of which, ¼ is required to be deducted towards personal expenses. After deducting ¼ amount the annual dependency comes to Rs.15990/-, which is rounded off to 16,000/- per annum. The multiplier of 12 adopted by the Tribunal is on lower side, in view of the decision of the Apex Court in the case of Sarla Varma and Others(Supra), the multiplier should be 14. If the multiplier of 14 is adopted the net amount under the head of future loss of income comes to Rs. 2,240500/-. Over and above, the claimants are also entitled to Rs.15,000/- under the head of conventional amount, as awarded by the Tribunal.
6. From the record it is also clear that the tribunal has not calculated the income of the mother of the appellant, as per the ratio laid down in the case of Sarla Dixit and Another Vs. Balwant Yadav and Another reported in (1996) 3 SCC 179. There is no dispute about the income of the deceased, which is Rs. 6000/- per month. If it is doubled and added the income it would come to Rs. 900/- per month. Out of the said amount ¼ amount is required to be deducted towards personal expenses. After deducting ¼ amount the monthly dependency comes to Rs.675/- and accordingly it comes to Rs.8,100/- per annum. The multiplier of 12 adopted by the Tribunal is on lower side, in view of the decision of the Apex Court in the case of Sarla Varma(supra), the multiplier of 15 would be just and appropriate. If 15 multiplier is adopted, the dependency comes o Rs.1,21,500/-. Over and above, the claimants are also entitled to Rs.15,000/- under the head of conventional amount, as awarded by the Tribunal.
7. Thus, in all the claimants are entitled for total compensation of Rs.3,76,500/-[Rs.2,24,500/- + Rs.15,000/- + 1,21,500/- + Rs.15,000/-], whereas the Tribunal has awarded only 3,12,000/- Therefore, the claimants are entitled for additional amount of Rs.64,000/- with interest at the rate of 7.5% per annum from the date of application till realization. It is clarified that the liability of the Insurance Company is limited only to the extent of Rs.1,50,000/-. Therefore, the claimants shall recover the remaining amount from the owner of the vehicle.
8. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan