1. By way of this appeal, the appellants- original claimants have challenged the judgment and award of the tribunal at Mehsana, dated 05.01.2001, rendered in M.A.C.P. 464 of 1998, whereby the tribunal awarded Rs.1,64,500/- along with 12 per cent interest.
2. Brief facts of the case are as under:
On account of a vehicular accident, which took place on 23.05.1997, the daughter of the appellants lost her life. They, therefore, filed the aforesaid claim petition, wherein the tribunal passed the impugned judgment and award. Hence, the present appeal.
3. Learned Counsel for the appellant raised various contentions. She submitted that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record. The amount awarded by the tribunal is meager. She has, therefore, prayed to allow the present appeal.
4. On the other hand, learned Counsel for respondent No.3 has opposed the appeal and has prayed to dismiss the same, as being without merit. Though served, none appears on behalf of respondent No.2.
5. Heard learned Counsel for the parties and perused the material on record.
6. It is an admitted position that on account of a vehicular accident, the daughter of the present appellants lost her life. The date of birth of the deceased is 09.05.1979 i.e. she was about 18 years of age, on the date of alleged accident. It is also not in dispute that the deceased was a non-earning member of his family. Thus, as provided under the Second Schedule, the tribunal rightly assessed the annual income of the deceased at Rs.15,000/- per month. However, it appears that while calculating the amount, on the basis of Second Schedule, the tribunal held that the appellants shall be entitled to only Rs.2,40,000/- and after deducting 1/3 amount there from, awarded the amount of compensation. However, from a bare perusal of the second schedule, it clearly transpires that, while calculating the amount towards compensation, the tribunal committed error in calculation. Thus, the tribunal ought to have calculated the amount of compensation on the basis of Rs.15,000/- after taking into consideration i.e. the figure for Rs.3000/-, as per the schedule, is 60, whereas the figure for Rs.12000/-, as the per the second schedule, is 240, and thereby, the tribunal ought to have calculated the amount of compensation at Rs.(60000 + 240000)=Rs.3,00,000/- and after deducting 1/3 amount there from, ought to have awarded Rs.2,00,000/-, whereas, the tribunal has awarded only Rs.1,60,000/- towards compensation. Hence, the appellants shall be entitled to an additional amount of Rs.40,000/-.
7. Insofar as the amounts awarded under the other heads are concerned, the same being just and proper require no interference.
8. As regards the aspect of interest is concerned, the tribunal has awarded the original amount of compensation along with 12 per cent interest. However, looking to the prevalent rate of interest, it would be just and proper, if the additional amount of compensation is granted along with 9 per cent interest.
9. In the result, the appeal is PARTLY ALLOWED. The appellants shall be entitled to an additional amount of Rs.40,000/- along with NINE per cent interest per annum from the date of application, till its realization. The judgment and award impugned in this appeal, stands MODIFIED to the aforesaid extent. No order as to costs.
(K.S. JHAVERI,J.) Umesh/