By way of filing this appeals under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and award dated 3rd April 1998 passed by the Motor Accident Claims Tribunal (Aux.), Baroda in MAC Petition No.1793 of 1993 whereby the claim petition has been allowed partly. 2 The brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 4th July 1993 the claimant No.1 along with his wife and two children were travelling on scooter bearing No.GBF 4279 from Akota towards Alembic road. It is their case that when said scooter came near Alembic Farm company, a truck being driven by original opponent No.1 came there with the offending truck and dashed with the Scooter on which the claimants were travelling. Due to the impact of the accident, all the persons travelling on the Scooter fell down on the road and received injuries. Deceased Alish, wife of appellant No.1 received serious head injuries in the said accident and died to the same while undergoing treatment. Therefore, her heirs have filed MAC Petition No.1793 of 1993 claiming compensation of Rs.7.20 lakhs.
3 The Tribunal considered the income of deceased at Rs.3000 per month. The Tribunal thereafter deducted 1/3rd therefrom towards personal expenses of the deceased and thereby assessed loss of dependency at Rs.1,000 per month and Rs.12,000 per annum. Looking to the age of the deceased, the Tribunal applied multiplier of 16 and awarded Rs.1,92,000 under the head of loss of dependency. The Tribunal has also awarded Rs.20,000 under the head of Pain Shock and Suffering, Rs.3,000 towards funeral charges and Rs.5,000 towards loss of love and affection. Thus, in all Rs.2,20,000 along with interest at the rate of 12% was awarded.
4 Learned counsel for the appellant submitted that the Tribunal has committed an error in not considering the future economic prospects of the deceased. He further submitted that in view of the decision of the Apex Court in the case of Smt. Sarla Verma v. Delhi Transport Corporation, (2009) 4 SCC 121 the claimants are entitled to 17 multiplier.
5 The Tribunal has committed an error in not considering the future economic prospects of the deceased. Even if the income of the deceased is considered at Rs.2855, as per the decision of Smt. Sarla Verma (supra), there should be addition of 50% in which case the monthly income would come to Rs.4282 which is rounded off to Rs.4300 per month. Out of the same, the claimants are entitled to 1/3rd amount towards the monthly dependency benefit as the appellant No.1 – husband of the deceased is also an earning member in the family, the dependency benefits are required to be segregated and divided proportionately. Therefore, the monthly dependency would come to Rs.1433 rounded off to Rs.1400 per month and Rs.16,800 per annum. If the multiplier of 17 is applied the future economic loss would come to Rs.285,600/-. However, the Tribunal has awarded Rs.1,92,000 under the head of future economic loss. Therefore, the claimants are entitled to get additional amount of Rs.93,600 along with interest at the rate of 7.5% per annum from the date of application till realisation.
6 In the result, appeal succeeds to the extent indicated hereinabove with no order as to costs.
(K.S.Jhaveri, J.) *mohd