1. The appellants herein have challenged the award dated 24.01.2000 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 1649 of 1992 so far as the Tribunal awarded only Rs. 3,31,200/- as compensation with interest and costs.
2. It is the case of the appellants that on 08.08.1992 the deceased was going on scooter No.GBR-2570 as a pillion rider and at that time, one ST bus No.GJ-1-Z-503 came from behind in excessive speed and dashed with the scooter. As a result, the deceased sustained grievous injuries and died. The appellants therefore filed claim petition for compensation to the tune of Rs. 9.25 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
Learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the appellant's yearly income only Rs. 40000/-, even though, the deceased was agriculturist and also having transport business. He submitted that having regard to the fact that there were 8 claimants, 1/5th income ought to have been deducted towards personal expenses.
4. In the present case the Tribunal has assessed the yearly income of the deceased at Rs.40,000/-. It was specifically pleaded before the Tribunal that the deceased was agriculturist and he was also having a transport business. In absence of any specific documentary evidence to prove the income and also considering the fact that the deceased was not a tax payer, in my view the monthly income of the deceased could be assessed at Rs.2500/-. As the deceased was 45 years old, a rise of 30% in the income should be given, therefore, the monthly income of the deceased comes to Rs.3,250/-. As there were 8 claimants, 1/5th amount is required to be deducted towards personal expenses. Hence, monthly dependency comes to Rs.2,600/- and accordingly, annual dependency comes to Rs.31,200/-. The deceased was aged about 45 years at the time of accident, therefore, the multiplier of 14 should be adopted. Hence, total amount of dependency comes to Rs.4,36,800/-.
4.1 Further, the appellants are entitled for Rs.10,000/- under the head of loss to estate, Rs.10,000/- under the head of loss of consortium and Rs.5,000/- towards funeral expenses. In all, the appellants are entitled for Rs.4,61,800/-. The Tribunal has awarded Rs. 3,31,200/- as compensation, therefore, an additional amount of Rs. 1,30,600/- is required to be granted.
5. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 1,30,600/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.
JHAVERI, J.) ..mitesh..
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