1. The appellants herein have challenged the award dated 15.07.2005 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 423 of 2001 in so far as the Tribunal awarded only Rs. 72,000/- by way of compensation to the original claimants along with 9% interest.
2. The claimants filed the aforesaid claim petition claiming compensation to the tune of Rs. 3 lakhs on account of accidental death of one Rajpal Satpal Kori, who expired due to injuries sustained in the vehicular accident occurred on when he was riding a bicycle which was hit by a motortruck bearing registration no. GJ-1-X-3782 rashly and negligently. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Prachchhak, learned advocate appearing for the appellants submitted that the Tribunal erred in quantifying the award at Rs. 72,000/- . He submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 15,000/- per annum. He has relied upon a decision of the Apex Court in the case of R.K. Malik & another vs. Kiran Pal and Others reported in AIR 2009 SC 2506.
4. Learned advocates appearing for the respondents supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court. They submitted that the Tribunal has rightly assessed the income and finally awarded compensation which is just and proper.
5. The Tribunal has gone into the evidence in detail and has come to the conclusion that the accident occurred due to the negligence of the original opponent no. 1. However, the quantum of compensation awarded by the Tribunal seems to be on a lower side. As regards the income of the deceased is concerned, the issue is well settled by the decision of the Apex Court in the case of
5.1 The Tribunal has assessed the income of the deceased at Rs. 15000/- per annum which is just and proper. Considering the claimants being parents, 50% ought to have been deducted by way of personal expenses. Accordingly, the loss of dependency per annum comes to Rs. 7500/-.
5.2 Accordingly, considering multiplier of 11, the loss of dependency comes to Rs. 82500. The claimants shall also be entitled to Rs. 15000/- for loss of estate & funeral expenses. The claimants shall be entitled to in all Rs. 97,500/- by way of compensation whereas the Tribunal has awarded Rs. 72,000/-. Therefore, an additional amount of Rs. 25,500/- is required to be awarded to the original claimants.
6. Accordingly, appeal is partly allowed. The claimants shall be entitled to Rs. 97,500/- by way of total compensation. Additional amount of Rs. 25,500/- shall be paid to the claimants at the rate of 7.5% interest from the date of filing of claim petition till realization. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//