1. By way of this appeal, the appellants have challenged the judgment and award passed by the Motor Accident Claims Tribunal, Godhra in Motor Accident Claims Petition No.860 of 2003, whereby the Tribunal has awarded Rs.1,54,100/- to original claimant with running interest at the rate of 6% p.a. from the date of the application till its realization.
2. The facts of the case is that on 28.12.2000, the deceased was travelling in the truck No.GJ-3-V- 9923 as labourer and deceased was sitting on a grass loded in the truck. Original opponent No.1 was rash and negligent in driving the truck and therefore, the truck dashed with the branch of Babool tree and the deceased fell down. He sustained grievous injuries and succumbed to death. Therefore, the appellants filed claim petition being Motor Accident Claims Petition No.860 of 2003 before the Motor Accident Claims Tribunal, Godhra for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in assessing the not considering monthly income of the deceased at Rs.2,000/-. He has further contended that the Tribunal has erred in adopting the multiplier of 17, considering the fact that the deceased was aged about 22 years at the time of accident.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that no interference is called for and the appeal deserves to be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. So far as the issue of quantum is concerned, the Tribunal, has considered notional income at Rs.13,200/-, in absence of any other evidence. It is the fact that the Tribunal has decided the application under Section 163-A of the Motors Vehicle Act, but, has not adopted the structured formula, available under the second schedule. supporting the salary. If, we adopt the second schedule, the appellants would be entitled for Rs.1,44,000/- towards dependency (after deducting personal expenses), as the deceased was aged about 22 years. The Tribunal has awarded Rs.1,49,600/- under the said head, but, this amount cannot be reduced by applying the second schedule as there is no cross-objection filed by the respondents. Further, the Tribunal was justified in awarding compensation under other heads. Therefore, the quantum part remains as it is. So far as the interest awarded is concerned, the Tribunal has awarded the interest at the rate of 6%, which in my view is on lower side and the interest should have been awarded at the rate of 7.5% interest.
8. In that view of the matter, the appellant is entitled to total amount of Rs.1,54,100/- with interest at the rate of 7.5% per annum, from the date of application till realization. Rest of the award stands unaltered.
9. The appeal is partly allowed. Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]