1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 31.07.2002, passed by the Motor Accident Claims Tribunal(Auxiliary), Jamnagar, in claim Case No. 33 of 1999, whereby the tribunal has awarded compensation in the sum of Rs.94,500/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 13.11.1998, at about 10.00 a.m. one Sanjaykumar Kadhavajibhai was going by driving his bicycle. At that time one truck bearing registration No. GTZ 9826 came and dashed him. As a result of the said accident, Sanjaykumar Madhavjibhai sustained grievous injuries and due to which he died. Therefore, the legal heirs of the deceased filed claim petition being Claim Case No.
33 of 1999 before the Tribunal. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record 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 awarding compensation to the claimants. He further contended that the Tribunal has wrongly applied the multiplier, since the multiplier is to be applied only in case of non-fatal injury and instead it ought to have applied the method of structured formula, as provided under the Second Schedule of the Act. In support of this submission, he has placed reliance on a decision of the Apex Court in the matter of National Insurance Company Vs. Shyam Singh and Ors. reported in AIR 2011 SC 3231.
4. Learned counsel for the respondent has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in awarding compensation to the claimants. It appears from that record that the Tribunal has not apply the ratio laid down by the Apex Court in the case of National Insurance Company Vs. Shyam Singh and Ors (supra). It is not in dispute about the income of the deceased, which is at Rs.15,000/- per annum. Since the age of the mother of the deceased was at about 36 years at the time of accident, therefore, the dependency comes to Rs.2,30,000/- as per the Second scheduled. After deducting 1/3 amount towards personal expenses, the dependency comes to Rs.1,53,334/-+ Rs.2000/- towards funeral expenses + Rs.,2500/- towards loss of estate, as per schedule. Therefore, in all the claimants are entitled to only Rs. 1,57,834/- whereas the Tribunal has awarded Rs.94,500/-. Therefore, the claimants are entitled additional amount of Rs. 63,334/- which is rounded off to Rs.63,500/-.
6. In that view of the matter, the claimants are entitled to additional amount of Rs.63,500/- 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. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan