[1] This appeal is directed against the judgment and award dated 06.05.1994, passed by the Motor Accident Claims Tribunal (Main), Nadiad, in M.A.C.P. No.286 of 1983, whereby the tribunal has awarded compensation in the sum of Rs.4,16,000/- to the claimants with interest at the rate of 15% per annum from the date of filing of the petition till realization.
[2] The brief facts leading to filing of this appeal are that on 12.12.1982 one Manubhai Bhagwandas Patel was going from Cambay to Bhavnagar in Jeep No.MMU-6592 at the time the accident take place at about 10.30 a.m. In the said accident, said Manubhai Bhagwandas Patel was expired and, therefore, the claimants are the heirs of the deceased have filed the aforesaid petition.
[3] Learned advocate for the appellants submitted that the accident took place in the year 1982 in which one Shri Manubhai Bhagwandas expired. He submitted that Tribunal has committed an error in awarding compensation in sum of Rs.4,16,000/- instead of Rs.10,00,000/-. He submitted that the deceased being a partner in various firms and an employee of the opponent No.2 was earning Rs.6,000/- per month. He submitted that the Tribunal has erred in creating doubt in Income Tax Returns for the year 1983-1984 merely because the income of the deceased of the deceased for the said year was shown as Rs.70,064/- and the income for the year 1982-1983 was shown as Rs.33,050/-. He submitted that the Tribunal has erred in awarding dependency loss on the basis of the income tax return filled up by deceased for the year 1981-1982 only. The Tribunal has also erred in not awarding compensation under the head dependency loss on the basis of the mean of present income and future income. He submitted that the Tribunal has committed an error in applying multiplier of 16 instead of 25. He therefore urged that the appeal deserves to be allowed and the impugned judgment and award requires to be set aside.
[4] Heard learned advocates for the respective parties and perused the relevant documents on record.
[5] Having considered the facts and circumstances of the case and considered the submissions advanced by both the parties and evidence on record, I am of the view that the tribunal has erred in awarding compensation and, therefore, the same is required to be enhanced. The tribunal has considered Rs.3000/- p.m but considering the nature of work and status of the deceased, the income is required to be considered as Rs.3,575/- p.m and, therefore, yearly income comes to Rs.42,900/-. After deducting 1/4 as his personal expenses, Rs.32,175/- would come as future dependency. Considering the age of the deceased at the time of accident 15 multiplier is required to be applied, therefore, Rs.4,82,625/- would come as future dependency towards claim. The tribunal has considered Rs.32,000/- under different heads but I am of the opinion that for other different heads Rs.25,000/- is just and proper and, therefore, claimants are entitled total compensation of Rs.5,07,625/-. The tribunal has awarded Rs.4,16,000/- and, therefore, the claimants are entitled for additional compensation of Rs.91,625/- along with interest at the rate of 7 1/2% from the date of application till realization from the respondents.
[6] In view of the above, the appeal is partly allowed to the aforesaid extent.
[ K. S. JHAVERI, J. ] vijay