1.0 This appeal is directed against the judgement and award dated 01.12.1997 passed by the Motor Accident Claims Tribunal (Aux), Kachchh at Bhuj in Motor Accident Claim Petition No.423 of 1996 wherein the claim petition preferred by the claimants came to be partly allowed by awarding compensation in the sum of Rs. 3,50 000/ along with interest at the rate of 15% per annum from the date of claim petition till deposit.
2.0 On 22. 05. 1997, Husainbhai Mamad was driving Tanker No. G. T.
X. 8866 from Hajira to Kandla. When the tanker reached towards Bhachaw Chorai road, the Truck No. D.I.J. 7835 came from opposite direction in a rash and negligent manner as a result of which the tanker was thrown away and cabin was broken and the tanker was damaged. Due to the accident, Husainbhai received serious injuries and succumbed to the same. The heirs of the deceased preferred the aforesaid claim petition wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellant contended that the learned Tribunal erred in applying a multiplier of 20 and coming to a conclusion that the claimants would be entitled to an amount of Rs.4,00,000/ under the head of dependency loss and that awarding interest at the rate of 15% per annum is on higher side.
4.0 Learned advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 I have heard learned advocates for the respective parties and perused the documents on record.
6.0 As regards the multiplier is concerned, the deceased was aged 28 years. The income of the deceased assessed by the Tribunal is Rs. 2000/. For loss to dependency benefit the learned Tribunal has assessed the income of Rs. 2000/ per month i.e. Rs. 24, 000/ per year. The deceased was aged 28 years. Looking to the age of the deceased, the multiplier of 20 years is on higher side. It should be 14 years. By applying 14 years as multiplier for calculation of loss to the dependency benefits, the amount would come to Rs. 3, 36, 000/ ( Rs. 24,000x 14). Thus, the claimants are entitled to Rs. 3, 36, 000/ for loss to the dependency benefit. Rs. 10000/ was awarded for loss of consortium. Rs.5000/ was awarded for funeral expenses and Rs. 5000/ was awarded towards loss to the estate. Thus, the claimants are entitled to compensation of Rs. 3, 56, 000/. However, the claimants have claimed only Rs.3,50,000/ and therefore they are entitled to Rs.3,50,000/.
7.0 However, looking to the trend of rate of interest, the interest awarded by the Tribunal at 15% is on higher side. It should have been at the most 12%. It is accordingly held that the claimants shall be entitled to interest at the rate of 12% instead of 15%. The rest of the award is not disturbed. The award of the Tribunal is modified accordingly. The excess amount of interest shall be refunded to the Insurance Company. Appeal is allowed partly with no order as to costs.
(K.S.JHAVERI, J.) niru*