1. By way of this appeal, the present appellants have challenged the judgement and award dated 16.04.2005, passed by the Motor Accident Claims Tribunal(Auxi.), Godhra, Dist. Panchmahals in M.A.C.P. No.2081 of 2000, whereby the tribunal has awarded compensation in the sum of Rs.3,10,000/- 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 08.05.2000 deceased Hemabhai and others were traveling in the truck No.GTG-4043 as labourers. The said truck was loaded with woods from material and going towards Bhatha. The opponent no.1 was driving the said truck in rash and negligent manner with excessive and uncontrollable speed. Opponent no.1 lost control over his truck due to excessive speed and truck came in reverse and left the road and came on side the dashed with the school toilet. As a result of this accident, Hemabhai sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.2081 of 2000, before the Motor Accident Claims Tribunal(Auxi), Godhra, Dist. Panchmahals for compensation.
3. 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.
4. Learned advocate for the appellants submitted that the Tribunal has committed error in deducting 1/3 amount form the income of the deceased. He further contended that the Tribunal ought to have deducted 1/5 amount from the income of the deceased since the claimants are more than six persons. In support of his contention he relied upon the decision of the Apex Court in the case of Sarla Varma and others. v. Delhi Transport Corporation reported in 2009 (6) SCC 121, and prayed to allow the present appeal.
5. Learned Advocate for the respondents has submitted that the tribunal has rightly assessed the compensation and the award is just and proper and looking to the assessment made by the tribunal no interference is called for by this Court.
6. I have heard learned counsels appearing for the respective parties and perused the record as well as the judgment and award of the tribunal. The contention of learned counsel for the appellants is required to be accepted as the claimants are more than six persons, therefore, as per the decision of the Apex Court in the case of Sarla Varma (Supra), the Tribunal ought to have deducted 1/5 amount from the income of the deceased instead of 1/3. After deducting 1/5 amount from the income of the deceased, monthly dependency comes to Rs.3,000/- and accordingly annual dependency comes to Rs.36,000/-. If the multiplier of 15 is adopted, as adopted by the Tribunal the dependency comes to Rs.5,40,000/-.
7. Further, the claimants are also entitled for an amount of Rs.10,000/- under the head of loss of consortium, Rs.10,000/- under the head of pain, shock and suffering and Rs.5,000/- under the head of funeral expenses. Therefore, the claimants are entitled to Rs.5,40,000 + Rs.10,000 + Rs.10,000 + Rs.5,000 = Rs.5,65,000/-, whereas the tribunal has awarded Rs.3,10,000/-. Therefore, the claimants are entitled for additional amount of Rs.2,55,000/-.
8. In view of the matter, claimants are entitled for an additional amount of Rs.2,55,000/- with interest at the rate of 7.5% per annum from the date of application till realization.
9. The judgment and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. Present appeal is partly allowed.
mehul
(K.S.JHAVERI,J.)