1. This appeal is filed against the judgment and award dated 30th September 2010 passed by the learned Motor Accident Claims Tribunal (Aux), Patan in MAC Petition No.4992 of 2002 by which the Tribunal has partly allowed the claim petition filed by the appellants-claimants. 2 The brief facts of the case are to the effect that on 27th January 2002 while deceased Adesinh Madarsinh Jadeja was going on the road by walking and when he reached Santalpur Dispensary, at that time, he was hit by Jeep No.GJ.1.AP 1639 from behind due to which he died. The legal heirs of the deceased filed M.A.C.P. No.4992 of 2002 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal (Main), Patan claiming compensation of Rs.2,73,500/-. The said claim petition came to be disposed of by judgment and award dated 30th September 2010 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,12,500/- along with interest at the rate of 7.5% per annum from the date of application till its realization with proportionate costs. Against the said award, the present appeal has been preferred.
3. It has been contended on behalf of appellants that the claim petition was filed u/s.163-A of the M.V. Act and therefore, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. Reliance has been placed on the decisions of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43 and in the case of National Insurance Co. Ltd. v. Shyam Singh & Ors., AIR 2011 SC 3231.
4. The learned counsel for respondent no. 3 supported the impugned award passed by the Tribunal and submitted the amount awarded by the Tribunal is just and appropriate.
5. Heard learned counsel for the appellants. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra) and Shyam Singh's case (Surpa), the formula stipulated in the Second Schedule to Section 163-A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163-A of the Act, the amount of compensation is to be determined as per the method specified in the Second Schedule. Thus, by following the method specified in the Second Schedule, the total compensation would come to Rs.1,94,000/- after deducting 1/3rd amount towards personal expenses of the deceased. Hence, the claimants shall be entitled for a sum of Rs.1,30,000/- under the head of future economic loss. The claimants are also entitled to Rs.2,500/- under the head of loss of estate, Rs.2,000 towards funeral charges and Rs.5,000 towards loss of consortium. Thus, in all the claimants are entitled to Rs.1,39,500.
6. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants shall be entitled for additional amount of Rs.27,000/- over and above the total compensation awarded by the Tribunal, along with interest @ 7.5% per annum from the date of the application till its realization. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
(K.S.Jhaveri, J.) *mohd