1. By way of this appeal, the present appellant-original claimant has challenged the judgement and award dated 18.01.2001, passed by the Motor Accident Claims Tribunal, Ahmedabad City, in M.A.C.P. No.764 of 1998, whereby the tribunal has awarded compensation in the sum of Rs.84,000/- to the claimants with interest at the rate of 15% per annum from the date of filing of application till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident, one Nagjibhai Kalyanbhai Makwana, expired, therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 764 of 1998, before the Tribunal for compensation. The 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.
3. Learned counsel for the appellants contended that the Tribunal has committed an error in assessing the loss of dependency. He further submitted that the claimants are the parents of the deceased, therefore they are entitled for 50% amount from the monthly income of the deceased.
Therefore, he prayed to allow this appeal.
4. Learned counsel for the respondents has 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 allow this appeal.
5. I have heard learned advocates appearing for both the parties. From the record it is clear that the Tribunal has committed an error in assessing the monthly dependency. Since, the claimants are the parents of the deceased, they are entitled to 50% amount from the monthly loss of dependency, in view of 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. There is no dispute about the monthly income of the deceased, which is at Rs.1200/-. Therefore, the claimants are entitled to Rs.600/- towards monthly dependency and accordingly annually it comes to Rs.7200/-. I am of the view that if additional amount of Rs.300/- is granted under the head of annual dependency, the same would met ends of justice. Therefore, I award annually dependency at Rs.7500/-. Looking to the age of the deceased, the multiplier of 16 would be just and proper, in view of the decision of the Apex Court in the case of Sarla Varma and Others Vs. Delhi Transport Corporation(Supra). If multiplier of 16 is adopted, the total dependency comes to Rs. 1,20,000/-. Over and above, the claimants are entitled to Rs.10,000/-under the head of loss of estate and Rs.5000/- under the head of funeral expenses. Thus, in all the claimant is entitled for compensation of Rs..1,35,000/-, whereas the Tribunal has awarded compensation of Rs.84,000/-.
6. In that view of the matter, the appellants are entitled to additional amount of Rs.51,000/- along with interest at the rate of 7 ½ per cent per annum from the date of filing of the application till realization.
7. 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