1. This appeal has been preferred against the judgment and award dated 16.08.1999 passed by the Motor Accident Claims Tribunal [Auxi.] Surendranagar, in M.A.C.P. No. 84 of 1990, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs. 1,20,000/ along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 20.05.1989 at around 0230 hours while Baldevbhai was travelling in a truck bearing no. MCU 3857, at a particular place, a driver of the truck bearing no. GRX 5479, on account of rash and negligent driving, both the truck collided with each other. As a result of which Baldevbhai sustained severe bodily injuries and died on the spot. The legal heirs of the deceased, appellants herein, filed claim petition, which came to be partly allowed, by way of the impugned award. The present appeal has been filed for enhancement of the amount of compensation.
3. The appellants have prayed for enhancement of compensation on the ground that the Tribunal has erred in computing loss of dependency inasmuch as though the annual income was assessed at Rs.7,200/, deduction of 1/3rd was done.
It is submitted that no amount was awarded under the head of loss of estate, funeral expenses and that the multiplier was also on the lower side.
4. Heard learned counsel for the respective parties. Having gone through the record, it appears that the Tribunal ought to have considered 5 units for the deceased, his widow, two daughters and parents and should have deducted 1/4th amount for expenses instead of 1/3rd . Therefore, the annual loss of dependency would come to Rs.8,100/. The Tribunal has adopted the multiplier of 15, which, in my view, is on lower side considering the age of the deceased at the relevant time. Instead of 15, the multiplier would be 16 in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, reported in (2009) 6 S.C.C. 121. Hence, the total income would come to (8100 X 16) Rs.1,29,600/ However, the Tribunal has awarded only Rs.1,08,000/ under the said head. Therefore, the claimant shall be entitled for an additional amount of Rs.21,600/ under the head of loss of dependency together with interest at the rate of 7.5% per annum instead of 12% as awarded by the Tribunal. Further, the claimants shall also be entitled for Rs.15,000/ under the head of loss of estate and funeral expenses. Therefore, in all, the claimants are entitled for additional compensation of Rs.36,600/.
5. For the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for additional compensation of Rs.36,600/ over and above the compensation already awarded by the Tribunal, along with interest at the rate of 7.5% per annum from the date of application till its realization. The rest of the impugned award remains unaltered and is, confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/