By way of filing these appeals under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and order dated 27th April 2005 passed by the learned Motor Accident Claims Tribunal (Aux.) and 2nd Fast Track Court, Sabarkantha at Himatnagar in MAC Petition No.27 of 1996 whereby the Tribunal has partly allowed the claim petition filed by the claimants. 2 The short facts of the present appeal are that on 25th September 1995 the appellant along with deceased were standing near Shri Ram Cement Factory on the road and were waiting for a vehicle for going to their village. At that time Luxury Bus bearing No.GJ6-U-96871 came there and due to excessive and negligent driving of the Driver of the said Bus, it dashed with the deceased Kongiben due to which she died on the spot. Their heirs, therefore, filed the claim petition before the Tribunal claiming the compensation of Rs.2 lakhs.
3 The claimants have contended that the deceased was earning Rs.2000 per month. However, the Tribunal considered Rs.1,500 as the income of the deceased per month annum and deducted 1/3rd amount towards personal expenses of the deceased and thereby arrived at Rs.1000 to be monthly loss of income. Looking to the age of deceased, the Tribunal awarded multiplier of 5 and awarded Rs.60,000 towards future loss of income. Over and above, the Tribunal has awarded Rs.10,000 towards loss of expectation of life and Rs.2,000 towards funeral expenses. Thus, in all, Rs.72,000 was awarded by the Tribunal.
4 In view of the decision of the Apex Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation & Another, reported in (2009) 6 SCC 121, the claimants are entitled to multiplier of 11 instead of 5, as adopted by the Tribunal. Therefore, the loss of dependency would come to Rs.1,32,000/- (Rs.12,000 per year multiplied by multiplier of 11). Over and above, the same, the appellants are entitled to get Rs.10,000 towards loss to estate and Rs.2,000 towards funeral expenses. Thus, the claimants are entitled to Rs.147,000 whereas the Tribunal has awarded only Rs.72,000/-. Thus, the claimants are entitled to get additional amount of Rs.75,000 along with interest at the rate of 7½ % per annum from the date of the petition till the date of realisation.
5. In view of the above, the judgment and award dated 27th April 2005 passed by the learned Motor Accident Claims Tribunal (Aux.) Sabarkantha at Himatnagar in Claim Petition No.27 of 1996 is modified to the aforesaid extent. The appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd