1. By way of this appeal, the appellants have challenged the judgment and award passed by the Motor Accident Claims Tribunal(Main), Banaskantha in Motor Accident Claims Petition No.796 of 1988, whereby the Tribunal has awarded Rs.1,97,000/- to original claimants with interest at the rate of 12% p.a. from the date of the application till its realization and proportionate cost.
2. The facts of the case is that on 11.10.1988, tanker No.DEG-1927 dashed with Jeep No.GRO-995. In the said accident, deceased-Kanaiyalal Makanjibhai sustained grievous injuries and succumbed to death. Therefore, the original claimants filed claim petition before the Motor Accident Claims Tribunal(Main), Banaskantha for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellants has contended that the Tribunal has erred in assessing the monthly dependency of the deceased at Rs.1000/-. He has further contended that the Tribunal ought to have adopted the multiplier of 17, instead of 15, considering the fact that the deceased was aged about 27 years.
5. Learned counsel for the respondent has supported the judgment and award passed by the Tribunal and stated that no interference is called for and present appeal should be dismissed.
6. Heard learned counsel for the parties and perused the record.
7. It was the case of the applicants that the deceased was doing whole-sale business in sugar and ground-nut oil. In absence of any documentary evidence, the Tribunal has rightly assessed the monthly income at Rs.1,500/-, but, the Tribunal has not considered the prospective income of the deceased. Therefore, prospective income of the deceased would come to Rs.2,250/- [Rs.1500 x 3/2= Rs.2250]. Now, deducting 1/3 amount towards personal expenses of the deceased, the monthly dependency comes to Rs.1,500/- and annual dependency comes to Rs.18,000/-. The deceased was aged about 27 years at the time of accident, even thought, the Tribunal has adopted the multiplier of 15. The Tribunal ought to have adopted the multiplier of 17, considering the ratio laid down by Apex Court in case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in 2009(6) SCC 121. Hence, total amount of dependency comes to Rs.3,06,000/-.
8. The Tribunal has awarded Rs.2,000/- towards funeral expenses and Rs.15,000/- for the loss to estate. In my view, the appellants-original claimants are entitled for Rs.10,000/- for loss to estate, Rs.10,000/- for consortium and Rs.5,000/- for the funeral expenses. Hence, in all original claimants are entitled to Rs.3,31,000/- [Rs.3,06,000/- + Rs.10,000/- + Rs.10,000/-
+ Rs.5,000/-]. The Tribunal has already awarded Rs.1,97,000/-, therefore, the additional amount of Rs.1,34,000/- is required to be paid to the appellants-original claimants.
9. In that view of the matter, the appellants are entitled to an additional amount of Rs.1,34,000/- with interest at the rate of 7.5% per annum, from the date of application till realization. Rest of the award stands unaltered.
10. The appeal is partly allowed. Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]