1. In connection with the vehicular accident that took place on 18.11.1990 involving the Truck bearing registration No. DIL 2317 and in which minor Bhavik Kaushikkumar Pandya expired, the legal heirs, appellants herein, had preferred M.A.C.P. No.546/1991 before the Motor Accident Claims Tribunal (Aux.), Ahmedabad (Rural), Mirzapur claiming total compensation of Rs.6.62 Lacs. The said claim petition was allowed in part, by judgment and award dated 11.11.1997, whereby, the appellants were awarded total compensation of Rs.50,400/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs.
2. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal for enhancement.
3. The main ground under which the appellants have prayed for enhancement is that the Tribunal erred in deducting 2/3rd towards personal living expenses while calculating dependency benefit. Reliance has been placed on the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.
4. Heard learned counsel for the respective parties. The appellants have not disputed the assessment of income at Rs.600/- per month made by the Tribunal. The Tribunal has deducted 2/3rd amount while calculating dependency benefit. In the case of Sarla Verma (supra), it has been provided that where the claimants are the parents and the deceased a bachelor, then deduction of ½ is to be made towards personal expenses. Thus, by following the said principle, the monthly loss of dependency would come to Rs.300/- and annual loss at Rs.3,600/-. The appellants have not disputed the multiplier of 16 adopted by the Tribunal. Thus, by adopting the said multiplier, the total amount under the head of loss of dependency would come to Rs.57,600/-. The Tribunal has awarded Rs.38,400/- under the above head and hence, the appellants shall be entitled for additional amount of Rs.19,200/- towards loss of dependency.
5. The appellants shall also be entitled for Rs.10,000/- towards loss of estate and Rs.3,000/- towards funeral expenses. Thus, in all, the appellants shall be entitled for additional compensation of Rs.32,200/-.
6. In the result, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.32,200/-
[Rupees Thirty two thousand two hundred only] along with interest at the rate of 07.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top