1.0 This appeal is directed against the judgment and award dated 7.6.2000 passed by learned Motor Accident Claims Tribunal, Palanpur in Motor Accident Claim Petition No. 410 of 1989 wherein the Tribunal has awarded a sum of Rs. 1,53,600/- under the different heads, as against the claim of Rs.6,00,000/-.
2.0 The accident occurred on 11.02.1989 at 4.10 a.m. in the early morning while going to Palanpur to Ahmedabad. The vehicles involved in the accident were the Jeep No. GRW 9417 wherein the deceased were travelling and the offending Truck bearing registration No.RPA 9293. The appellants therefore, filed the Motor Accident Claim Petition No.410 of 1989 whereby the Tribunal has passed the aforesaid award which is challenged in the present appeal.
3.0 Learned Advocate appearing for the appellants contended that the learned Tribunal has committed error in not believing income at Rs.1500/- of the deceased. Therefore, the income of the deceased was Rs.1500/- x 12 = Rs.18,000/- per month and multiplier of 18 is applied, it would come to Rs.3,24,000/- and Rs.25,000/- for loss of estate, consortium and Rs.5000/- for funeral expenses and Rs.1000/- for transportation, total of which come to Rs.3,50,000/-. He, therefore, submitted that claims Tribunal has awarded the compensation on lower side and it requires to be enhanced by this Court.
4.0 Learned advocate appearing for the respondent supported the judgment and award of the learned Tribunal and therefore, no interference is required by this Court and submitted that the appeal may be dismissed.
5.0 Heard learned advocates for the parties and perused the documents on record.
6.0 A perusal of the evidence on record, it appears that the deceased was working the mill and thereafter, he was plying the rickshaw. Under the circumstances, it can be reasonably said that he was in all earning Rs.1350/- per month. If 1/3rd is deducted towards pendency, it would come to Rs.900/- per month, yearly it would come to Rs.10,800/- and considering the age of the deceased, multiplier of 18 is taken into account, then it would come to Rs.1,94,400/-, which, in my opinion, the appellants are entitled to and taking into account the amount awarded by the claims Tribunal under the other heads (loss of estate, consortium, transportation, and funeral expenses) of Rs.25,000/-, the total amount the appellants are entitled is Rs.2,19,400/-.
7.0 The claims Tribunal has awarded Rs.1,53,600/-. Therefore, in my opinion, the appellants are entitled to additional amount of Rs.65,800/- (Rs.2,19,400 – Rs.1,53,600) with running interest @ 7.5% from the date of application. The appeal is partly allowed to the aforesaid extent, with no order as to costs.
(vipul) (K.S. JHAVERI, J.)