1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal (Auxi), Mehsana in Motor Accident Claims Petition No.1061 of 1996, whereby the Tribunal has awarded Rs.50,000/- to appellant-original claimant as lumpsum amount of compensation.
2. This claim petition arise out of the vehicular accident, which occurred on 29.06.1996. On that day, the deceased was going on scooter as pillion rider and that time, the deceased fell down and sustained grievous injuries and died. Therefore, the appellants filed claim petition before the Tribunal for compensation.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in awarding lumpsum amount of Rs.50,000/-. It is further submitted that the Tribunal has erred in holding that the applicants are entitled for the compensation of one year only.
5. Heard learned counsel for the appellant and perused the record.
6. So far as the issue of negligence is concerned, the Tribunal, relying upon the evidence on record, rightly held original opponent No.1 solely negligent for the accident.
7. So far as the issue of quantum is concerned, the Tribunal has awarded Rs.50,000/- as lumpsum compensation to the appellants holding that the applicants are entitled for the compensation of one year only. In my view the Tribunal has grossly erred in holding that the applicants are entitled for the compensation of one year only.
8. In absence of any material to prove the income of deceased, the Tribunal ought to have assessed the notional income i.e. Rs.15,000/-. As the claimants are parents, 1/2 amount is required to be deducted towards personal expenses and therefore, the annual dependency comes to Rs.7,500/-. Considering the age of the parents, the multiplier of 13 is adopted. Hence, total amount of dependency comes to Rs.97,500/-. Further, the appellants are entitled for Rs.10,000/- under the head of loss of expectation of life and Rs.5,000/- under the head of funeral expenses. In all, the appellants are entitled for Rs.1,12,500/-. As the Tribunal has already awarded Rs.50,000/-, the appellants are entitled for additional amount of Rs.62,500/-.
9. In the result, the appeal is partly allowed. The appellants are entitled for additional amount of Rs.62,500/- with interest at the rate of 7.5% per annum, from the date of application till realization. Rest of the award stands unaltered.
Decree be drawn accordingly.
..mitesh..
[K.S.JHAVERI, J.]