1. By way of this appeal, the appellant-original claimants has challenged the judgement and award dated 11.02.2010, passed by the Motor Accident Claims Tribunal(Main), Kheda at Nadiad, in M.A.C.P. No.494 of 2009, whereby the tribunal has awarded compensation in the sum of Rs.1,30,500/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 26.11.2008, at about 7.30 p.m. one Prahaladbhai Prabhatbhai Sodha Parmar was going on his bicycle. At that time one Tractor bearing registration No. G.J.A.N.2798 came and dashed him. As a result of the said accident, he sustained grievous injuries and due to which he died. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No.494 of 2009, before the Tribunal for compensation. 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 appellant Mr. M.N. Sheikh, contended that the Tribunal has committed an error in awarding compensation to the claimants. He further contended that the Tribunal has wrongly applied the multiplier, since the multiplier is to be applied only in case of non-fatal injury and instead of multiplier it ought to have applied the method of structured formula, as provided under the Second Schedule of the Act. In support of this submission, he has placed reliance on a decision of the Apex Court in the matter of National Insurance Company Vs. Shyam Singh and Ors. reported in AIR 2011 SC 3231.
4. Learned counsel for the respondents has supported the judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award.
5. I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in adopting multiplier. Since the multiplier is to be applied only in case of non-fatal injury, in view of the decision of the Apex Court in the case of National Insurance Company Vs. Shyam Singh and Ors (supra), the Tribunal ought to have applied the method of structured formula, as provided under the Second Schedule of the Act. There is no dispute about the income of the deceased, which is at Rs.2100/- per month. At the time of accident, the age of the mother of the deceased at about 40 years. Therefore, dependency comes to Rs.4,00,000/- as per the Second scheduled. After deducting 1/3 amount towards personal expenses, the dependency comes to Rs.2,67,000/-+ Rs.2000/- towards funeral expenses + Rs.,2500/- towards loss of estate, as per schedule. Therefore, in all the claimants are entitled to only Rs.2,71,500/- whereas the Tribunal has awarded Rs.1,30,500/-.
6. In that view of the matter, the claimants are entitled to additional amount of Rs.1,41,000/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
7. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan Top