1.0 This Appeal is directed against the judgement and award dated 01.07.2004 passed by learned Motor Accident Claims Tribunal (Auxi), Jamnagar in Motor Accident Claim Petition No.161 of 2002 wherein the Tribunal has awarded a sum of Rs.1,00,000/ along with interest at the rate of 9% per annum from the date of claim petition till realization. The present appeal is at the instance of the claimant for enhancement.
2.0 The aforesaid claim petition was filed by Madhuben Hiralal Bhensadadiya claiming compensation in the sum of Rs.3,00,000/ along with interest and costs for the death of her son Mrugesh Hiralal Bhensadadiya in a vehicular accident which occurred on 02.07.2001 on the road of DhrolRajkot Highway in Dhrol town, District Jamnagar under Section 166 of the Motor Vehicles Act. The Tribunal after hearing the parties awarded the aforesaid amount and the present appeal is filed for enhancement.
3.0 Learned Advocate for the appellant submitted that the Tribunal has wrongly deducted onethird and the multiplier applied by the Tribunal is on lower side. According to the learned advocate for the appellants, since the claimant is the mother of the deceased, 50% is required to be deducted towards the personal and living expenses in view of the decision of the Honb'le Apex Court in case of Sarla Verma (Smt) and others versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121 . He further submitted that the Tribunal ought to have awarded the amount towards the loss of estate and towards the head of funeral expenses.
4.0 As a result of hearing and perusal of the record, there cannot be any dispute about the income of Rs. 18000/ per year. However, in view of the decision in the case of Sarla Verma (supra), the Tribunal ought to have deducted one half instead of onethird towards personal and living expenses. Therefore the annual income should be Rs.9000/ per year. Considering the age of the claimant, the multiplier awarded by the Tribunal at 15 is just and proper. Therefore the total income would come to Rs.1,35,000/. The claimant is also entitled to Rs. 10000/ under the head of loss to estate and a sum of Rs.5000/ towards funeral expenses. Thus, in all the claimant is entitled to a sum of Rs.1,50,000/. The Tribunal has awarded a sum of Rs.1,00,000/ and therefore the claimant is entitled to additional sum of Rs.50,000/.
5.0 Accordingly it is held that the claimant is entitled to an additional sum of Rs.50000/ along with interest at the rate of 7.5% per annum from the date of application I.e from 16.02.2002. The judgement and award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
(K.S. JHAVERI J.) niru*