By way of this appeal, the appellant has challenged the judgement and decree dated 29.04.2003 passed by the Motor Accident Claims Tribunal at Ahmedabad in M.A.C.P No. 626 of 1998 whereby the tribunal has allowed the claim of the appellants partially and ordered opponent Nos. 1 to 3 to pay compensation of Rs. 1,02,000/- jointly and/or severally alongwith the interest at the rate of 12% per annum from the date of the petition and the interest at the rate 9% per annum from 01.01.2000 till realisation with appropriate costs.
Brief facts of the case are that:
2.1 On 30.05.1998, at about 6.30 a.m. one Bhavin (deceased son of the original applicants) alongwith his friends viz. Anil and Pratik went to visit the Hanumanji Temple at Bhimapura near Raska village on Ahmedabad-Mahemadavad Road on one Motor Cycle and Scooter No. GUG-6017 and the deceased Bhavin himself was driving a scooter and two friends were sitting as pillion riders. While passing through Anmol Far, near village Raska, one stationary struck was lying duly punctured. The scooterist had overtaken the said truck by driving his scooter slowly with moderate speed from the right side of the truck. At that time, one motor truck No. GJ-1-U-6569 came from opposite direction with full speed in a rash and negligent manner and dashed with the scooter. Because of this, the scooterist and his two friends were entangled with the bonet of the truck and dragged out with the truck far from the place of accident. All the three had sustained serious injuries and they died on the spot. Deceased Bhavin was aged 20 years and was studying in XII standard at the time of accident.
2.2 Narendrabhai C. Patel and Pushpaben N. Patel being parents of deceased filed M.A.C.P No. 626 of 1998 for getting compensation of Rs. 5,00,000/-.
2.3 The Tribunal vide judgement and award dated 29.04.2003 ordered to pay opponent Nos. 1 to 3 to pay compensation of Rs. 1,02,000/- jointly and/or severally alongwith the interest at the rate of 12% per annum from the date of the petition and the interest at the rate 9% per annum from 01.01.2000 till realisation with appropriate costs.
2.4 Being aggrieved by the said judgement and decree the appellants have preferred the appeal for enhancement of compensation.
Counsel for the appellants submitted that the Tribunal has wrongly applied the multiplier of 15. He further submitted that the tribunal has erred in granting Rs. 10,000/- for the loss of expectancy of life, Rs. 10,000/- towards conventional amount and Rs. 2,000/- towards funeral charges which, according to the counsel, are on lower side.
Heard learned counsel for the parties.
Relying on decision in case of Smt. Sarla Varma & Ors. Vs. Delhi Transport Corporation and anr., in the present case, multiplier of 14 is applicable in view of the age of the parents. Even if we take income at Rs. 1500/- the dependecy would come to Rs. 750/- p.m. by taking half of it. Yearly amount would be Rs. 1,26,000/-. The claimant is also entitled to Rs. 10,000/- towards future loss, Rs. 5,000/- towards funeral expenses. Therefore, the total amount would come to Rs. 1,41,000/-. The tribunal has awarded only Rs. 1,02,000/-. Therefore an additional amount of Rs. 39,000/- along with interest at the rate of 7.5% shall be paid to the claimant. The award is modified to the aforesaid extent. Appeal is allowed accordingly with no order as to costs.
[K.S.JHAVERI, J.] JYOTI Top