1.0 This appeal is directed against the judgment and award dated 07.06.2000 passed by learned Motor Accident Claims Tribunal ( Auxi.), Palanpur in Motor Accident Claim Petition No. 180 of 1989 wherein the Tribunal has awarded a sum of Rs. 1,53,600/ .
2.0 The accident occurred on 11.02.1989 at 4.10 a.m. in the early morning while going to Palanpur to Ahmedabad. The vehicles involved in the accident were the Jeep No. GRW 9417 in which the deceased Hasmukhbhai Barot along with claimants was travelling and the offending Truck bearing registration No.RPA 9293. The appellants therefore, filed the aforesaid claim petition wherein the Tribunal has passed the aforesaid award. This appeal is at the instance of claimants for enhancement of compensation.
3.0 Learned Advocate appearing for the appellants contended that the learned Tribunal has committed error in assessing the monthly income of the deceased at the rate of Rs. 900/ per month only.
4.0 Learned advocate appearing for the appellants contended that the learned Tribunal erred in not believing income at Rs.1500/ of the deceased. Therefore, the income of the deceased was Rs.1500/ x 12 = Rs.18,000/ per year and multiplier of 18 is applied, it would come to Rs.3,24,000/. He further submitted that the claimants are entitled to Rs.10,000/ to loss of estate, Rs. 10000/ for loss of consortium and Rs. 5000/ for funeral expenses.
5.0 Learned advocate appearing for the respondent supported the judgment and award of the learned Tribunal and submitted that no interference is required to be called for and the appeal may be dismissed.
6.0 Heard learned advocates for the parties and perused the documents on record.
7.0 On perusal of the evidence on record, it appears that the deceased was plying the jeep. Under the circumstances, it can be reasonably said that he was in all earning Rs.1350/ per month. If 1/3rd is deducted towards personal and living expenses, it would come to Rs.900/ per month and Rs.10,800/ per year. Considering the age of the deceased at 30 years, multiplier of 18 will apply in view of decision of the Hon'ble Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121. By applying multiplier of 18 years, the future loss of income would come to Rs. 1,94,400/. The appellants are entitled an amount of Rs. 1, 94, 400/ towards the future loss of income. Further, the claimants are awarded Rs. 10,000/ to loss of estate, Rs. 10000/ for loss of consortium and Rs. 5000/ for funeral expenses in view principles laid down in case of Smt. Sarla ( Supra) and therefore, the total compensation would come Rs. 2,19,400/.
8.0 In the premises aforesaid, it is held that the appellants are entitled to compensation of Rs. 2, 19, 400/ however, the learned Tribunal has awarded Rs. 1, 53, 600/ as compensation. In view of the above, fact, the appellants are entitled to an additional amount of Rs. 65, 800/ (Rs.2,19,400 – Rs.1,53,600/) along with interest @ 7.5% from the date of application. The appeal is partly allowed to the aforesaid extent, with no order as to costs.
(K.S. JHAVERI, J.) niru*