1. The appellants have preferred this appeal against the judgement and award dated 2nd May, 2001, passed by the Motor Accident Claims Tribunal(Main), Valsar at Navsari, in M.A.C.P. No.259 of 1989, whereby the tribunal has awarded compensation in the sum of Rs.2,42,400/- to the claimants with interest at the rate of 10% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in a vehicular accident one Natwarlal expired. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 259 of 1989, before the Tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.
3. Learned Counsel for the appellant contended that the Tribunal has committed an error in awarding compensation to the claimants. He further contended that the Tribunal ought to have deducted 1/3 amount from the income of the deceased, as the claimants are five in number. He further contended that the multiplier of 16 adopted by the Tribunal is on lower side, it should be 18. Therefore, he prayed to allow this appeal.
4. Learned counsel for the respondents has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award. Therefore, he prayed to dismiss the present appeal.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in deducting 1/3 amount from the income of the deceased. In view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121,the Tribunal ought to have deducted 1/4 amount from the income of deceased, as the claimants are five in number. There is no dispute about the income of the deceased, which is at Rs.2000/-. After deducting ¼ amount the monthly dependency comes to Rs. 1500/- and accordingly annually it comes to Rs.18,000/-. I also find that the multiplier adopted by the Tribunal is on higher side, it should be 18, as per the decision of the Sarla Varma(supra). if the multiplier of 18 is adopted, the dependency comes to Rs.3,24,000/-, whereas the Tribunal has awarded Rs.2,13,400/- under the said head.
6. I also find that the Tribunal has committed an error in awarding Rs.12,000/- under the head of conventional amount. I am of the view that the Tribunal out to have awarded atleast Rs.25,000/- under the head of conventional amount. Thus, in all the claimants are only entitled for total compensation of Rs.3,49,000/-, whereas the Tribunal has awarded compensation of Rs.2,42,400/-. Therefore, the claimants are entitled to additional amount of Rs.1,06,600/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
7. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan Top