1. With consent of learned advocates for both the parties, the matter matter is taken up for final hearing today itself.
2. By way of this appeal, the present appellants-original claimants have challenged the judgement and award dated 07.12.2006, passed by the Motor Accident Claims Tribunal(Auxi.) Godhra, in M.A.C.P. No.1492 of 1998, whereby the tribunal has awarded compensation in the sum of Rs.4,47,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of application till realization.
3. The brief facts leading to filing of this appeal are that in an vehicular accident one Ramabhai Kalubhai Parmar expired, therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 1492 of 1998 before the Tribunal for compensation. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.
4. Learned counsel for the appellant contended that the Tribunal has committed error in deducting 1/3 amount from the monthly income of the deceased. He further contended that the Tribunal ought to have deducted ¼ amount since the claimants are four in number. In support of his contention he relied upon the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr. reported in 2009(6) SCC, 121.
5. On the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit.
6. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. There is no dispute about the monthly income of the deceased, which is at Rs.3000/-. It appears from the record that the claimants are four in number, in view of the decision of the Apex Court in the case of Sarla Varma(Supra) the Tribunal ought to have deducted 1/4 amount. Therefore, ¼ amount is required to be deducted from the income of the deceased, as the claimants are four in number. After deducting 1/4 amount, the monthly dependency comes to Rs.2250/- per month and accordingly yearly income comes to Rs.27,000/-. If multiplier of 18 is adopted, the dependency come to Rs. 4,86,000/-, whereas the Tribunal has awarded Rs.4,32,000/- under the said head.
7. I also find that the amount under different heads are on lower side, therefore, I am of the view that if Rs.5000/- under the head of funeral expenses, Rs.10,000/- under the head of loss of estate, Rs.10,000/- under the head of loss of consortium and Rs.2000/- under the head of Transportation are granted, the same would met ends of justice. Thus, in all the appellants are entitled for compensation of Rs.5,13,000/-, whereas the Tribunal has awarded Rs.4,47,000/-.
8. In that view of the matter, the appellants are entitled to additional amount of Rs.66,000/- along with interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization.
9. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan Top