1. By way of this appeal, the present appellants-original claimants have challenged the judgement and award dated 11.04.2001, passed by the Assistant Judge, Valsad, in M.A.C.P. No.493 of 1990, whereby the tribunal has awarded compensation in the sum of Rs.85,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that on 28.5.1990 an accident occurred and due to the accident one Atulkumar Hiralal Solanki expired. Therefore, the heirs of the deceased filed claim petition being M.A.C.P. No.493 of 1990, before the Tribunal, for compensation. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.
3. Learned counsel for the appellant contended that the tribunal has committed an error in assessing the income of the deceased. He further contended that the Tribunal ought to have deducted ¼ amount from the income of the deceased. He further submitted that the multiplier adopted by the Tribunal is on lower side. Therefore, he submitted that the award passed by the tribunal is illegal, unjust and required to be enhanced by this Court.
4. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. There is no dispute about the income of the deceased, which is at Rs.15,000/- per annum. As per the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121, the Tribunal ought to have deducted ¼ amount from the annual income of the deceased, as the claimants are four in number. After deducting ¼ amount, the annual dependency comes to Rs.11,250/-.
5. Further, the Tribunal has committed an error in adopting the multiplier of 13. In view of the decision of the Apex Court in the case of Sarla Varma(supra) it should be 14. If multiplier of 14 is adopted, the total dependency come to Rs. 1,57,500/-. Over and above, the claimants are also entitled to Rs.35,000/- as awarded by the Tribunal under different heads. Thus, in all the claimants are entitled for compensation of Rs.1,92,250/-. Since, the Tribunal has attributed the negligence on the part of the deceased to the extent of 50%, the claimants are entitled for 50% amount from the total compensation. Therefore, the claimants are entitled to Rs.96,000/-, whereas the Tribunal has awarded Rs.85,000/-.
6. In that view of the matter, the claimants are entitled for additional amount of Rs.11,250/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
7. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]