1.0 This appeal is directed against the judgement and award dated 08.08.1997 passed by the Motor Accident Claims Tribunal (Aux), Ahmedabad in Motor Accident Claim Petition No. 131 of 1989 wherein the claim petition preferred by the claimants came to be partly allowed by awarding compensation in a sum of Rs. 2,00,000/ along with interest at the rate of 15% per annum from the date of claim petition till its realization.
2.0 21.09.1988 one Nagendrasinh who was serving in military had come to Ahmedabad on leave and when he was going on his bicycle to meet his friend on highway road, a truck bearing No.GTO 3093 came form CTM cross road and knocked him down. As a result of this he sustained serious injuries and succumbed to the same. The parents of the deceased preferred the aforesaid claim petition wherein the impugned award came to be passed. The present appeal is at the instance of the claimants for enhancement of the compensation.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal has committed error in awarding only Rs.15000/ towards conventional amount and the income of the deceased was more than Rs.2500/ per month and that the amount of dependency benefit is on lower side.
4.0 As a result of hearing and perusal of the documents on record it appears that the Tribunal has committed an error in calculating the future income. Admittedly the income of the deceased was Rs.2500/. He was serving in military. Looking to the future prospects, his income was fixed at Rs.4000/. Therefore the yearly income would come to Rs.48000/. Half of the said amount would be Rs.24000/. The Tribunal has adopted multiplier of 15. Having regard to the facts of the case the same is just and proper. Therefore the total amount would come to Rs.3,60,000/ (Rs. 24000/ x 15). However, the claim of the claimant is Rs.3,40,000/ only. The Tribunal has awarded a sum of Rs.2,00,000/. Therefore the claimants shall be entitled to a further sum of Rs.1,40,000/ along with interest at the rate of 7.5% per annum from the date of application till realization. The award of the Tribunal is modified accordingly. Appeal is allowed accordingly with no order as to costs.
(K.S.JHAVERI, J.) niru*