1. The appellant herein has challenged the award dated 06.10.2004 passed by the Motor Accident Claims Tribunal (Main), Surendranagar in Motor Accident Claims Petition No.
932 of 1999 so far as the Tribunal awarded Rs. 2,28,000/- by way of compensation to the original claimants along with 9% interest.
2. It is the case of the appellants that while one Shri Dilipbhai Vithalbhai was walking on the roadside, a truck bearing registration no. GJ-10-T-8899 driven by the original opponent no. 2 in a rash and negligent manner hit him as a result of which he sustained serious injuries. He succumbed to those injuries. The claimants being legal heirs and representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 2,50,000/-. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Sunil Parikh, learned advocate appearing for the appellant submitted that the Tribunal erred in quantifying the award at Rs. 2,28,000/- . He submitted that the dependency loss of Rs. 216000/- awarded by the Tribunal is on the higher side and therefore the same is required to be reduced. He also submitted that the Tribunal erred in deducting only 1/3 towards personal expenses and thereby granting 2/3 of the income of the deceased as dependency loss for the parents when actually it ought to have been ½ as per the decision of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121.
4. Learned advocate appearing for the respondent supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court. He submitted that the Tribunal has in fact the Tribunal has awarded only Rs.
2000/- for funeral expenses which is on lower side.
5. The Tribunal has gone into the evidence in detail and has come to the conclusion that the accident in question happened because of the negligence of the driver of the truck. However, the dependency loss assessed by the Tribunal seems to be on a higher side. The Tribunal has assessed the prospective income of the deceased as Rs. 1800/- per month and Rs. 21600/- per annum. The same is just and proper. Considering the law laid down by the Apex Court in the case of Sarla Verma (supra), deducting ½ from the total income for personal expenses, the amount dependency loss per annum shall come to Rs. 10,800/-. The multiplier of 15 adopted in the present case is just and proper and accordingly the future dependency loss shall come to Rs. 1,62,000/-. The claimants are also entitled to Rs. 10000/- for loss to estate and Rs. 5000/- for funeral expenses instead of Rs. 2000/-. Accordingly, the total amount of compensation comes to Rs. 1,77,000. Against this, the Tribunal has awarded Rs. 2,28,000/- which is excessive. Therefore, excess amount of Rs. 51,000/- is required to be refunded to the appellant insurance company.
6. Accordingly, appeal is partly allowed. The claimants shall be entitled to only Rs. 1,77,000/- by way of total compensation. The balance amount along with proportionate interest shall be refunded to the insurance company. The award of the Tribunal is modified accordingly.
(K.S. JHAVERI, J.) Divya//