1.0 This appeal is directed against the judgment and award dated 28.4.2003 passed by learned Motor accident Claims Tribunal (main), Kutch at Bhuj in Motor Accident Claim Petition No.288 of 1995 wherein the Tribunal has awarded a sum of Rs.70,000/-- as against the claim of Rs.3,00,000/-. It is pertinent to note that Rs.50,000/- has already been paid towards NFL to the claimants.
2.0 On 9.11.1994, deceased Smt. Khimibai Manga Maheshwari was returning from Gandhidham to Sunderpuri in SRC Bus, she fell down from the bus at IFFCO Coloney Bus Stop while going to her home. In the meanwhile, one Truck bearing registration No.GTJ 5775 came with speed and dashed with said Khimibai and sustained the injuries. Thereafter, she had been shifted to hospital where she succumbed to the injuries. The appellants therefore, filed the Motor Accident Claim Petition No.288 of 1995 whereby the Tribunal has passed the aforesaid award which is challenged in the present appeal.
3.0 Learned Advocate appearing for the appellants contended that the learned Tribunal has committed error in considering the age of the deceased between 60 to 65 and ought to have considered the age of the deceased as 50 years and ought to have awarded the compensation keeping in mind the aforesaid aspects. He further submitted that claims Tribunal ought to have taken into account the multiplier of 9 instead of 7 and ought to have awarded the amount. The claims Tribunal further erred in not assessing the funeral expenses, which the claimants had incurred and therefore, ought to have considered Rs.5000/- under the head of funeral expenses. He, therefore, submitted that claims Tribunal ought to have awarded in all Rs.99,000/- and therefore, interference by this Court is required.
4.0 Learned advocate appearing for the respondent supported the judgment and award of the learned Tribunal and therefore, no interference is required by this Court and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the documents on record.
6.0 A perusal of the evidence on record and considering the decision of the Apex Court in case of Sarla Verma (Smt) and others v. Delhi Transport Corporation and Another, [(2009) 6 SCC 121] and the fact considering the age of deceased 60 to 65, multiplier of 7 is required to be applied. The claims Tribunal has assessed the income of deceased as Rs.1500/-, deducting 1/3rd, it would come to Rs.1000/- per month, yearly it comes to Rs.12,000/- and applying multiplier of 7, it would come to Rs.84,000/-. Considering loss to the estate, appellants are entitled to Rs.10,000/-. Therefore, in all the appellants are entitled to Rs.99,000/-. The claims Tribunal has, in all, awarded Rs.70,000/-. Therefore, the appellants are entitled to Rs.29,000/-. The claimants are entitled the additional amount of Rs.29,000/-/- (Rs.99,000/- - Rs.70,000/-) @ 7.5% from the date of application. The appeal is partly allowed to the aforesaid extent, with no order as to costs.
(vipul) (K.S. JHAVERI, J.)