1. The appellant herein have challenged the award dated 18.09.1999 passed by the Motor Accident Claims Tribunal Valsad in Motor Accident Claims Petition No. 328 of 1991 so far as the Tribunal awarded only Rs. 1,40,000/- as compensation with interest at the rate 12% from the date of filing the claim petition till realisation.
2. It is the case of the appellants that on 09.03.1991 the deceased was going on the motorcycle as pillion rider and at that time, one tempo No.GJ-15-T-304 came in excessive speed and dashed with the motorcycle. As a result, the deceased sustained grievous injuries and died on the spot. The appellants therefore filed claim petition for compensation to the tune of Rs. 3 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Learned advocate appearing for the appellants submitted that the Tribunal erred in not calculating the prospective income of the deceased. He has further contended that the multiplier adopted by the Tribunal is also on the lower side. He submitted that having regard to the fact that there are four claimants, only 1/4 of the income ought to have been deducted towards personal expenses.
4. In the present case, the Tribunal in his judgment in Paragraph No.16 in detail discussed the evidence on record and rightly assessed the monthly income of the deceased at Rs.1690/-, but, the Tribunal has erred in not calculating prospective income of the deceased. The prospective income of the deceased comes to Rs.2535/-. As the original claimants are parents, 1/2 amount is required to be deducted towards personal expenses. Hence, monthly loss of income comes to Rs.1,268/- and annual loss of income comes to Rs.15,216/-. As the parents of the deceased was aged about 50 years, the multiplier of 13 is adopted. Hence, the appellants are entitled for Rs.1,97,808/- rounded upto Rs.1,97,800/- under the head of future loss of income. Further, the appellants are entitled for Rs.10,000/- under the loss of estate, Rs.10,000/- under the head of loss of consortium and Rs.5,000/- under the head of funeral expenses. Hence, in all the appellants are entitled for Rs.2,22,800/-. The Tribunal has awarded Rs.1,40,000/- as compensation to the appellants, therefore, the appellants are entitled for additional amount of Rs.82,800/-.
5. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 82,800/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
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(K.S. JHAVERI, J.)