1.0 This appeal is directed against the judgement and award dated 10.10.2001 passed by the Motor Accident Claims Tribunal (Auxi.), Bharuch in Motor Accident Claim Petition No. 628 of 1995 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs. 58500/ along with interest at the rate of 9% per annum from the date of claim petition till realization.
2.0 On 11.07.1992, minor Rita was going as pedestrian along with her mother on the road. One dumper came in excessive speed and in a rash and negligent manner. She sustained serious injuries and ultimately succumbed to the same. Hence the parents of the deceased filed the aforesaid claim petition claiming compensation wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal has committed error in taking dependency of the claimant at Rs. 300/ per month i.e. Rs. 3600/ per annum and awarding Rs. 54000/ under the head of dependency loss; that multiplier of 15 applied by the learned Tribunal is on lower side. It should be 16 years considering the age of the parents in view of decision in case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC 121 .
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocate for the appellant and perused the documents on record.
6.0 As far as income is concerned the same is on higher side. By taking into consideration the notional income on the basis of 10% deduction from the year 1994, it will come to Rs. 12000/ per annum. The deceased was unmarried and the claimants are the parents. Therefore in view of the decision in case Sarla Verma (supra), normally 50% is deducted as personal and living expenses because it is assumed that a bachelor would tend to spend more on herself. Hence, 50% benefit of the compensation should be computed by taking the monthly income of the deceased at Rs. 12000/ as base and the dependency benefits for the claimants would come to Rs. 6000/ per annum. In the case of National Insurance Co. Ltd. vs. Shyamsing reported in AIR 2011 SC 3231, the Apex Court has held that while considering the income of the deceased daughter, the age of the mother is required to be considered. Accordingly, in the present case considering the age of the mother as 33 years, the multiplier of 16 would apply. By applying multiplier of 16 years, the future loss of income would come to Rs. 96000/ ( Rs. 6000/ x 16).
7.0 Further, the claimants shall be entitled to Rs. 10,000/ towards loss to the estate and Rs. 5000/ towards funeral expenses in view of the principles laid down in case of Sarla Verma ( supra). Thus, the total compensation will be Rs. 111000/ whereas the Tribunal has awarded a sum of Rs. 58500/. Therefore the claimants are entitled to an additional sum of Rs.52500/( Rs. 111000/ Rs. 58500/).
8.0 In the result, the appeal is partly allowed. The claimants are entitled to a further sum of Rs. 52500/ in addition to the amount already awarded to them by the Tribunal. However, the interest on this additional amount will be only 7.5% per annum from the date of filing of the claim petition. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.JHAVERI, J.) niru*