1. The appellants herein have challenged the award dated 12.03.2004 passed by the Motor Accident Claims Tribunal, Veraval in Motor Accident Claims Petition No. 809 of 1999 so far as the Tribunal awarded only Rs. 87,000/- as compensation with interest and costs.
2. It is the case of the appellant that on 24.10.1993 while the son of the appellants was travelling in a tractor, a nother tractor bearing registration No. GTX 5500 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the tractor the son of the appellants was travelling as a result of which he sustained serious injuries and succumbed to the same. The appellants being parents of the deceased therefore filed claim petition for compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
Mr.
Mithani, learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the deceased's notional income is only Rs. 14000/- per annum. He submitted that having regard to the law laid down by the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121, the Tribunal has wrongly deducted 2/3rd from the computed salary for personal expense when parents were the claimants. He submitted that the Tribunal has awarded only Rs. 2000/- under the head of funeral expenses.
4. Before proceeding further it is required to be noted that the issues with regard to income and deduction by way of personal expenses are already settled by the decisions of Apex Court. In the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121 it is held as under:
"Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because ti is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parents/s and siblings is likely to be cut drastically. Further subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a Dependant and the mother alone will be considered as a dependent. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependents, because they will either be independent and earning, or married, or be Dependant on the father. Thus even if the deceased is survived by parents and siblings, only the mother would be considered to be a Dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where family of the bachelor is large and Dependant on the income of the deceased, as in the case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two-third."
5. In the present case, the Tribunal has considered the fact that no receipt of any evidence was produced on behalf of the appellants to establish that the payof their son was Rs. 2500/- as claimed by them and therefore the Tribunal has rightly assessed the notional income of the deceased at Rs. 14000/- per annum. Nothing is pointed out to take a different figure in that regard. In the present case the claimants are parents and therefore 50% of the computed income is required to be deducted qua personal expenses as per the ratio laid down in the case of Sarla Verma (supra). Accordingly, the loss of dependency per month shall come to Rs. 7000/- per annum.
6. I am of the view that, looking to the age of the claimants more particularly the mother, the multiplier of 16 is on higher side. In view of decision of Sarla Verma (supra), the multiplier of 14 shall be just and proper. Therefore the future loss of income would come to Rs. 98000/-. The Tribunal has already awarded Rs. 75000/- under this head. Therefore the claimants are entitled to an additional amount of Rs. 23000/- under the head of future loss of income. The appellants shall also be entitled to Rs. 15000/- towards conventional expenses as against which the Tribunal has awarded Rs. 12000/- and therefore an additional amount of Rs. 3000/- is also required to be awarded under the head of funeral expenses. Therefore the appellants shall be entitled to Rs. 26000/- as additional compensation.
7. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 26000/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.
JHAVERI, J.) Divya// Top