1. The appellants herein have challenged the award dated 11.09.2004 passed by the Motor Accident Claims Tribunal Jamnagar in Motor Accident Claims Petition No. 817 of 2000 so far as the Tribunal awarded Rs. 1,25,800/- as compensation with interest and costs.
2. The original claimants had filed claim petition seeking compensation to the tune of Rs. 2 lakhs for the vehicular accident which occurred on 03.08.2000 wherein one Riyaz Sadrudin passed away. It is the case of the claimants that when Riyaz was travelling in a jeep as cleaner, a dumper driven by the original opponent no. 1 in a rash and negligent manner collided with the jeep as a result of which he sustained injuries and succumbed to the same. The appellants therefore filed claim petition for compensation. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Savjani, learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the appellant's prospective monthly income only Rs. 2100/- when the income was considered as Rs. 1500/- per month. He submitted that the prospective income ought to have been assessed at Rs. 2250/- per month. He submitted that having regard to the fact that the claimants were parents ½ of the income ought to have been deducted towards personal expenses. He further submitted that looking to the age of the claimants, more particularly mother, the multiplier adopted is on lower side.
3.1 Learned advocate appearing for the respondent supported the award of the Tribunal and submitted that the same having been passed after considering the evidence in detail does not call for any interference by this Court. He submitted that in fact the Tribunal erred in awarding Rs. 25000/- towards conventional expenses instead of Rs. 15000/-.
4. In the present case the Tribunal has assessed the income of the deceased at Rs. 1500/-. Nothing is pointed out to take a different figure in that regard. The said income should be doubled and actual gross income should be added. By doubling, the amount would come to Rs.3000/- and by adding current income of Rs.900/- it would come to Rs. 4500/-. Average monthly income can be derived by dividing the same by 2. Therefore the average income would come to Rs. 2250/-.
4.1 The parents being the claimants shall be entitled to ½ of the total income after deducting ½ of the income towards the deceased's personal expenses. Accordingly the loss of income will be Rs. 1125/- per month and Rs. 13500/- annum.
4.2 However, I am of the view that, looking to the age of the claimant more particularly the mother, the multiplier of 12 awarded in the present case is on lower side. The just and proper multiplier would be 13. Therefore the future loss of income would come to Rs. 1,75,500 (Rs.13500 x 13). The Tribunal has awarded Rs. 1,00,800/- under this head and therefore an additional amount of Rs. 74,700/- is required to be granted under the head of dependency loss.
5. As regards the rest of the awards under various heads, the claimants shall be entitled to only Rs. 15000/- towards conventional expenses instead of Rs. 25000/-. Therefore, the claimants shall be entitled to an additional amount of Rs. 64,700/- as compensation.
6. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 64,700/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//