1. By way of this appeal the appellant has challenged the the judgement and award dated 22.03.2002 passed by the Motor Accident Claims Tribunal (Special), Porbandar whereby the tribunal has awarded a sum of Rs. 2,90,000/-
to the applicants with proportionate costs and running interest at the rate of 9% p.a. from the date of application till realization.
2. Brief facts of the case are that:
One Gulmamad Isubhai, aged 20 years, was working as cleaner in truck and was earning Rs. 3000/-
p.m. On 21.03.2001 at about 4.00 at Khimsar Kasaba of Naguar District Rajasthan he died in a vehicular accident. Heirs of the deceased filed Claim Case No. 120 of 2001 claiming compensation of Rs. 4,25,000/- before the Motor Accident Claims Tribunal (Special), Porbandar.
The tribunal, vide judgement and award dated 22.03.2002 awarded the compensation of Rs. 2,90,000/- to the applicants with proportionate costs and running interest at the rate of 9% p.a. from the date of application till realization.
Being aggrieved by the judgement and award, present appellant has preferred the present appeal.
3. Counsel for the appellant submitted that the Tribunal has erred in considering the salary of Rs. 3,000/- p.m. He further submitted that tribunal has erred in applying multiplier of 17 instead of 10.
4. Heard learned counsel for the parties.
5. In view of the decisions of the Apex Court reported in 2009 16 SCALE page 43 and 2011 7 SCALE 822, the applicant will be entitled to, keeping in mind the age of his father 52 years and mother 45 years and taking into consideration income of Rs. 24000/- p.a. and after deducting one-third, the amount would come to Rs. 1,90,666/- which can be rounded to Rs. 1,91,000/- To this an amount of Rs. 4500/- is required to be added towards funeral expenses and loss to the estate. Therefore, the total amount comes to Rs. 1,95,500/-. It is accordingly held that the claimants are entitled to a sum of Rs. 1,95,500/- along with interest at the rate of 9% per annum. The excess amount of Rs. 94,500/- shall be refunded to the insurance company. The judgement and award of the Tribunal is modified accordingly. Appeal is partly allowed with no order as to costs.
[K.S.JHAVERI, J.] JYOTI