1. Both these appeals arise out of the common impugned judgment and award and involve common questions on law and facts and hence, they are disposed of by this common judgment.
2. These appeals arise out of the common judgment and award dated 30.06.2009 passed by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.123/2005 and 125/2005 whereby, the claim petitions were allowed in part and the appellants, original claimants, were awarded total compensation of Rs.1,45,000/- and Rs.2,25,000/- respectively along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
3. Both the aforesaid claim petitions arose out of the vehicular accident that took place on 06.11.2002 involving a Matador bearing registration No. GJ-1-SS-9424 and in which three persons had expired. The claimants in the aforesaid claim petitions had claimed total compensation of Rs.8.00 Lacs but, the claim was only allowed in part. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal for enhancement.
4. The main head under which the appellants have prayed for enhancement of compensation is that the amount awarded under the head of loss of dependency is on the lower side It is submitted that loss of dependency ought to have been computed by deducting ½ towards personal living expenses of deceased instead of 2/3rd in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.
4. Heard learned counsel for the respective parties.
5. F.A. No.697 of 2010 : It appears from the record that the Tribunal has deducted 2/3rd amount towards personal living expenses of deceased while computing dependency benefit. In Sarla Verma's case (supra), the Apex Court has held that where the deceased was unmarried, a deduction of ½ is to be made towards personal living expenses instead of 2/3rd. The Tribunal has assessed the prospective monthly income of the deceased at Rs.3,750/-. If ½ is deducted from the said amount towards personal living expenses, then the monthly loss of dependency would come to Rs.1,875/- and annual loss of dependency at Rs.22,500/-. The age of the mother of deceased at the time of accident was 53 years and therefore, the appropriate multiplier would be 11, By adopting the said multiplier, the total amount under the head of loss of dependency would come to Rs.2,47,500/-. The Tribunal has awarded Rs.1,20,000/- under the above head and hence, the claimants shall be entitled for additional amount of Rs.1,27,500/- under the head of loss of dependency. Under no other heads the appellants have sought enhancement of compensation so far as F.A. No.697/2010 is concerned.
6. F.A. No.698 of 2010 : In this case also, the Tribunal has deducted 2/3rd towards personal living expenses instead of ½, as has been provided in Sarla Verma's case (supra). Considering the prospective monthly income of deceased at Rs.3,750/-, the monthly loss of dependency would come to Rs.1,875/- and annual loss of dependency at Rs.22,500/-. The appropriate multiplier would be 13 considering the age of the mother of deceased at the time of accident. Thus, the total amount under the head of loss of dependency would come to Rs.2,92,500/-. The Tribunal has awarded Rs.1,95,000/- under the above head and hence, the claimants shall be entitled for additional amount of Rs.97,500/- under the head of loss of dependency. Under no other heads, the appellants have sought enhancement of compensation so far as F.A. No.698/2010 is concerned.
7. For the foregoing reasons, the following order is passed;
[A] F.A. No.697 of 2010 is allowed in part. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.1,27,500/- [Rupees One lac twenty seven thousand five hundred only] along with interest at the rate of 07.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent.
[B] F.A. No.698 of 2010 is allowed in part. The impugned award passed by the Tribunal is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.97,500/- [Rupees Ninety seven thousand five hundred only] along with interest at the rate of 07.5% per annum from the date of application till its realization over and above the compensation already awarded by the Tribunal. The impugned award stands modified to the above extent.
[C] Both the appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*