1. The appellants have preferred this appeal against the judgement and award dated 10.08.2001, passed by the Motor Accident Claims Tribunal(Auxi. i), Kutch at Bhuj, in M.A.C.P. No.417 of 1992, whereby the tribunal has awarded compensation in the sum of Rs.2,39,000/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in a vehicular accident one Dinesh expired. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No. 417 of 1992, before the Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimants.
3. Learned Counsel for the appellant contended that the Tribunal has committed an error in awarding compensation to the claimants. He further contended that the Tribunal ought to have deducted ½ amount from the income of the deceased, as the claimants are the parents of the deceased. Therefore, he prayed to allow this appeal.
4. Learned counsel for the respondents has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in assessing the monthly dependency. There is no dispute about the income of the deceased, which is at Rs.3000/-. However, the Tribunal has committed error in deducting 1/3 amount. 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, parents are only entitled for 50% amount from the income of the deceased. Therefore, the claimants are entitled to Rs.1500/- towards monthly dependency, accordingly annually it comes to Rs.18,000/-. I find that the multiplier adopted by the Tribunal is on higher side, it should be 15, as per the decision of the Sarla Varma(supra). if the multiplier of 15 is adopted, the dependency comes to Rs.2,70,000/-. Over and above, the claimants are also entitled to Rs.35,000/- as awarded by the Tribunal under different head.
6. Thus, in all the claimants are only entitled for total compensation of Rs.3,05,000/-, whereas the Tribunal has awarded compensation of Rs.2,39,000/-. Therefore, the claimants are entitled to additional amount of Rs.66,000/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
7. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]