1. By way of this appeal, the appellant- original opponent No.3 has challenged the judgement and award dated 20.06.2000, passed by the Motor Accident Claims Tribunal(Auxiliary), Ahmedabad, in M.A.C.P. No.755 of 1995, whereby the tribunal has awarded compensation in the sum of Rs.1,50,000/- to the claimants with interest at the rate of 12% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 09.06.1993 at about 3 p.m. one Sureshbhai was coming from Satnam Kanta on Naroda Highway road. At that time one truck bearing registration No.GJ-9-T--6036 came and dashed the said Sureshbhai. As a result of the said accident said Sureshbhai sustained grievous injuries and and due to which, he died. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No. 755 of 1995, before the Motor Accident Claims Tribunal(Auxiliary), Ahmedabad, for compensation.
2.1. 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 appellants submitted that the tribunal has committed an error in deducting 1/3 amount towards personal expenses from the total income of the deceased. He further submitted that 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 parents are only entitled ½ amount from the total income of the deceased.
4. I have heard learned counsel appearing for the parties and perused the materials produced on record. The tribunal has calculated the yearly income of the deceased at Rs.15,000/-. However it appears from the record that the tribunal has not applied the ratio laid down in the case of Sarla Varma and Others (Supra). As per the aforesaid decision of the Apex Court, the parents are only entitled ½ amount from the total income of the deceased. In that view of the matter, the claimants are entitled for Rs.7,500/- towards dependency in stead of 10,000/-. If multiplier of 15 multiplier is adopted the net amount comes to Rs.1,12,500.
5. I find that Tribunal has committed an error in not awarding anything under the head of Loss of estate and Funeral expenses. Therefore, I am of the opinion that if Rs.10,000/- under the head of Loss of Estate and Rs.5,000/- under the head of Funeral expenses are awarded, the same would met ends of justice. Therefore, the claimants are only entitled to Rs. 1,27,500/-, whereas the tribunal has only awarded Rs. 1,50,000/-. Therefore, Rs. 22,500/- is required to be deducted from the loss of dependency. The excess amount of Rs.22,500/- along with 3% of interest will be refunded back to the appellant-Insurance Company, if the same is deposited by the appellant with the tribunal.
6. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]