1. This appeal has been preferred against the judgment and award dated 24.12.1998 passed by the Motor Accident Claims Tribunal, Jamnagar, in M.A.C.P. No. 89 of 1994, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.85,000/- along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.
2. In connection with the vehicular accident that took place on 04.12.1992 near Village Manpar on Verad Jamnagar Highway, in which Ramesh Naga Nanera expired, the legal heirs of the deceased filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the respective parties and perused the documents on record. The claimants in this appeal have prayed for enhancement on the ground that the Tribunal has erred in calculating dependency benefit inasmuch 1/3rd deduction has been made though the total number of dependents were two. It appears from the record that before the Tribunal no documentary evidence was produced by the claimants to prove the income of the deceased. However, considering the fact that the deceased was an agriculturist and his average monthly income was assessed at Rs.1,200/-, which is just and appropriate. While calculating dependency benefit and considering the total number of dependents, the Tribunal ought to have deducted 1/2nd towards personal expenses, in view of the principle rendered in Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 S.C.C. 121.
Therefore, the monthly dependency loss would come to Rs.600/- and annual loss at Rs.7,200/-. By adopting the multiplier of 16, the total income under the head of loss of dependency would come to Rs.1,15,200/-. However, the income awarded under the head of funeral expenses is on the lesser side in view of the decision of the Sarla Verma's case [supra]. Hence, the claimants are entitled to get additional amount of Rs.2,000/- under the head of funeral expenses. Hence, the claimants shall be entitled for additional compensation of Rs.45,200/-. So far as income awarded under the other heads are concerned, the same are just and appropriate and hence, are not disturbed.
4. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the appellants original claimants shall be entitled for additional compensation of Rs.45,200/- along with interest at the rate of 7.5% per annum from the date of application till its realization. Rest of the award remains unaltered and stands confirmed. The impugned award stands modified to the above extent. The appeal stand disposed of accordingly.
[K.S.
JHAVERI, J.] /phalguni/ Top