1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 11.12.2002, passed by the Motor Accident Claims Tribunal, Amreli, in M.A.C.P. No.65 of 1998, whereby the tribunal has dismissed the claim petition filed by the present appellants.
2. The brief facts leading to filing of this appeal are that in a vehicular accident one Kishorbhai Bhikhabhai Joshi expired. Therefore, the legal heirs and legal representatives of the deceased filed claim petition being M.A.C.P. No.65 of 1998 before the tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record has rejected the claim petition. Hence, this appeal.
3. I have heard learned counsel appearing for the parties and perused the material on record. It is not in dispute that the present appellant No.1 is the married sister and appellant No.2, is the elder brother of the deceased. In view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. (Supra) the married sister and major brothers are not dependent upon the brother. They are only entitled to Rs.10,000/- under the head of future loss of income and Rs.5000/- under the head of funeral expense.
4. In that view of the matter, the claimants are only entitled for Rs.15,000/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
5. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]