1. By way of this appeal, the appellants- original opponents have challenged the judgement and award dated 12.03.2001 passed by the Motor Accident Claims Tribunal(Auxi), Panchmahals at Godhra, in M.A.C.P. No.212 of 1996, whereby the tribunal has awarded compensation in the sum of Rs.2,27,000/- to the claimants with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The short facts of this case are that on 15.2.1996, one Somabhai Kalubhai Raval was travelling in a Truck bearing registration No.GJ-7-T- 9760. The driver of the said truck was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said Truck turned turtle. As a result of the said accident, Somabhai Kalubhai Raval sustained grievous injuries and due to which he died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.212 of 1996 before the Tribunal for compensation. The learned Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellants-original claimants.
3. Learned counsel for the appellant has contended that the Tribunal has committed an error in assessing the future loss of income of the deceased. He further contended that the Tribunal ought to have adopted the multiplier of 17 instead of 16. Therefore, he prayed to allow this appeal.
4. I have heard learned Learned counsel for the parties and perused the materials on record. From the record, it is clear that at the time of accident, the appellant aged about 27 years. As per the decision of the Apex Court in the case of U.P. State Road Transport Corporation Limited and Ors. Vs. Trilok Chandra and Ors. reported in 1996 SCC (4) 362, the multiplier of 16 adopted by the tribunal is on lower side, it should be 17. The tribunal ought to have adopted the multiplier of 17 instead of 16. If the multiplier of 17 is adopted the net amount under the head of future loss of dependency comes to Rs. 2,04,000/- [Rs.12,000/- x 17], whereas the the tribunal has awarded Rs.1,92,000/- under the head of dependency.
5. In that view of the matter, the claimants are entitled to additional amount of Rs.12,000/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
Rest of the award are just and proper therefore they are not disturbed
6. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan (K.S.JHAVERI,J.)