1. By way of this appeal, the appellants-
original claimants have challenged the judgement and award dated 02.04.2005, passed by the Motor Accident Claims Tribunal(Auxi. IV), Mahsena, in M.A.C.P. No.438 of 2001, whereby the tribunal has awarded compensation in the sum of Rs. 1,18,904/- 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 13.12.2000, on accident occurred and due to the said accident one Bhaveshkumar expired. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No.438 of 2001 before the tribunal for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record 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 awarding compensation to the claimants. He further submitted that submitted that the claimants are entitled for ½ amount from the income of the deceased, since they are parents of the deceased. 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 and prayed to allow this appeal.
4. I have heard learned counsel appearing for the parties and perused the material on record. The contention raised by learned counsel for the appellant is required to be accepted. In view of the decision of the Apex Court, in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr.(Supra) the parents of the deceased are only entitled to 50% amount from the dependency. Even if, Rs.2000/- is taken as monthly income of the deceased. The claimants are only entitled to Rs.1000/- and accordingly annually it comes to Rs.12,000/-. Considering the age of the mother of the deceased, multiplier of 13 is just and appropriate. Therefore, the amount under the head of dependency comes to Rs.1,56,600/-. The claimants are also entitled to Rs.10,000/- under the head of future loss of income and Rs.5000/-under the head of funeral expenses. Thus, in all the claimants are entitled for compensation of Rs.1,71,000/-, whereas the Tribunal has awarded only Rs.1,18,904/-.
5. In that view of the matter, the claimants are entitled for additional amount of Rs.52,096/- 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.]