1.0. This appeal is directed against the judgement and order dated 9th April 2002 passed by learned Motor Accident Claims Tribunal (Auxi), Court No.19, Ahmedabad passed in Motor Accident Claim Petition No.415 of 1999 whereby the Tribunal has awarded a sum of Rs.4,77,000/ to the claimant along with interest at the rate of 10% per annum from the date of application till realization. 2.0 The claimant along with his son was going on motor cycle on 17th February 1999. At about 8.30 p.m he was passing on Indira Bridge, Koba Circle towards Narmada Canal Bridge. At that time he lost control over the vehicle as a result of which the motor cycle went off the road and both fell down and sustained severe injuries. The son of the claimant died during treatment. He therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the multiplier adopted by the Tribunal is on higher side and it should be 13; that the original opponent no.1 is not a dependent and that the interest awarded is on higher side.
4.0 As a result of hearing and perusal of the record, there is no dispute about the income inasmuch as salary statement was produced on record. There is also a letter on record showing that the deceased was promoted as a Branch Manager which post may carry Rs.10000/ per month. Having considered this aspect the Tribunal has taken prospective salary of Rs.7,500/. 2/3rd was deducted out of the said amount. The deceased was aged 25 years old. The Tribunal has taken multiplier of 15, which is just and proper on the facts and circumstances of the case. Even the rate of interest awarded at 10% per annum cannot be said to be on higher side.
5.0 Even otherwise, by considering income of Rs. 5000/ per month and prospective income of Rs. 7500/ the amount would come to Rs.90000/ per year. Since the claimants are parents ½ is required to be deducted. By deducting ½, the annual loss would come to Rs. 45000/. By applying multiplier of 13 considering the age of the mother as 49 years, the future loss of income would come to Rs. 585000/. By awarding Rs. 10000/ towards loss to the estate and Rs. 5000/ towards funeral expenses, the compensation would come to Rs. 600000/. Therefore the appeal is devoid of any merits.
6.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out to cause interference. Hence the appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*