1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 19.08.2003, passed by the Motor Accident Claims Tribunal(Auxiliary), Mehsana, in M.A.C.P. No.63 of 2001, whereby the tribunal has awarded compensation in the sum of Rs.2,39,900/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 14.12.2001 one Rameshbhai Tejabhai Thakore was going by riding his bicycle. At that time one Truck bearing registration No.GJ-12-v- 7480 came and dashed him. As a result of the said accident Rameshbhai Tejabhai Thakore sustained grievous injuries and due to which he expired. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.63 of 2001 before the Tribunal for compensation. The Tribunal after hearing learned advocate for both the parties and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.
3. Learned counsel for the appellants submitted that the tribunal has committed an error in appreciating the income of the deceased. He further contended that the accident occurred on 14th December, 2011 and at the relevant time as per the Notification of the Government of India, the minimum wages of C category area was at Rs.83.02/- per day. In support of his contention he relied upon the decision of the Apex Court in the case of Govind Yadav Vs. New India Insurance Company, reported in (2011) 10 Supreme Court Cases 683, and submitted that the judgement and award of the tribunal may be enhanced by this Court.
4. Learned counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award. Therefore, he prayed to dismiss the present appeal.
5. I have heard learned counsel appearing for the parties and perused the materials produced on record. It appears from the record that the tribunal has committed an error in assessing the monthly income of the deceased. It also appears from the Notification, issued by the Government of India, in which it has been mentioned that minimum wages for C category area was Rs.83.2/- per day as on 01.10.2001. If we consider the income of the deceased at Rs.83/- per day, as per the Notification of minimum wages and even if, twenty five working days are calculated, the monthly income would come to Rs.2075/- and accordingly annual income comes to Rs.24,990/-. At the time of accident the age of the deceased was aged about 22 years, as set out in Schedule-II, claimants would be entitled to Rs.4,32,000/-. Out of this amount, 1/3 amount is required to be deducted as provided under the schedule. Thus, after deducting the same, claimants would be entitled to receive Rs.2,88,000 + Rs.2,000/- under the head of funeral expenses + Rs.5000/- under the head of loss of consortium + Rs.2,500/- under the head of loss of estate. Thus, in all claimants shall be entitled to an amount of Rs.2,97,500/- towards compensation, whereas the Tribunal has only awarded Rs.2,39,900/-. Therefore, the claimants are entitled for an additional amount of Rs.57,600/- alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
6. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
pawan
[K.S.JHAVERI,J.]