1. The appellants herein have challenged the award dated 30.08.2011 passed by the Motor Accident Claims Tribunal (Aux), Bhavnagar in Motor Accident Claims Petition No. 209 of 2005 in so far as the Tribunal awarded only Rs. 1,39,500/- by way of compensation to the original claimants along with 7.5% interest.
2. The claimants filed the claim petition under the provisions of Section 163-A of the M.V. Act to get compensation on structured formula basis and claimed Rs. 4,84,500/- on account of accidental death of one Shri Bharatbhai, who expired due to injuries sustained in the vehicular accident occurred on when he was riding a motorcycle which dashed with a luxury bus bearing registration no. GJ-4V-1102.
3. Mr. Shah, learned advocate appearing for the appellants submitted that the Tribunal erred in quantifying the award at Rs. 1,39,500/- . He submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 2400/- per month. He submitted that the Tribunal ought to have atleast deducted only 1/3rd qua personal expenses instead of 50%.
4. Mr. Nachiket Mehta, learned advocate appearing for Mr. Shalin Mehta for the respondent supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court. He submitted that the Tribunal has rightly assessed the income and finally awarded compensation which is just and proper.
5. The Tribunal has gone into the evidence in detail. However, the quantum of compensation awarded by the Tribunal seems to be on a lower side. As regards the income of the deceased is concerned, the same is just and proper. Considering monthly income at Rs. 2400/-, the same shall come to Rs. 28,800/-.
5.1 In the case of National Insurance Co. Ltd. vs. Shyamsing, AIR 2011 SC 3231, the Apex Court has held that while considering the income of the deceased, the age of the parents is required to be considered. Accordingly, considering the annual income of Rs. 28,800/- per annum and the age of the mother, the datum figure as per the Second Schedule comes to Rs. 2,37,200/- (Rs. 96000 + Rs. 91200 + Rs. 50000). Deducting 1/3 from the total income for personal expenses, the amount of dependency loss per annum shall come to Rs. 1,58,130/-.
5.2 The claimants shall also be entitled to Rs. 2000/- for funeral expenses and Rs. 2500/- for loss of estate. The claimants shall be entitled to in all Rs. 1,62,630/- by way of compensation whereas the Tribunal has awarded Rs. 1,39,500/-. Therefore, an additional amount of Rs. 23,130/- is required to be awarded to the original claimants.
6. Accordingly, appeal is partly allowed. The claimants shall be entitled to Rs. 1,62,630/- by way of total compensation. Additional amount of Rs. 23,130/- shall be paid to the claimants at the rate of 7.5% interest from the date of filing of claim petition till realization. The award of the Tribunal is modified accordingly.
(K.S. JHAVERI, J.) Divya//