1. The appellants herein have challenged the award dated 18.12.2003 passed by the Motor Accident Claims Tribunal, Navsari in Motor Accident Claims Petition No. 591 of 1995 so far as the Tribunal awarded only Rs. 3,11,680/- as compensation with interest and costs.
2. It is the case of the appellant that on 23.12.1991 while Shri Piyushbhai was riding his motorcycle, a tempo bearing registration No. MMK 4669 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed with the motorcycle as a result of which Piyushbhai sustained serious injuries and succumbed to the same. The appellants therefore filed claim petition for compensation to the tune of Rs. 7 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Zubin Bharda, learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the appellant's prospective income is only Rs. 2130/- per month. He submitted that having regard to the law laid down by the Apex Court in the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121, the Tribunal has wrongly deducted 1/3rd amount from the computed salary when the number of dependents were five.
4. Before proceeding further it is required to be noted that the issues with regard to income and deduction by way of personal expenses are already settled by the decisions of Apex Court. In the case of Sarla Verma & Ors Vs. Delhi Transport Corp. & Anr. Reported in 2009(6) SCC 121 it is held as under:
“Where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family numbers is 2 to 3, one- fourth (1/4th), where the number of Dependant family members is 4 to 6, and one-fifth (1/5th) where the number of Dependant family members exceed six.”
5. In the present case, the Tribunal has rightly assessed the prospective income of the deceased at Rs. 2130/-. Nothing is pointed out to take a different figure in that regard. In the present case the claimants are five in number and therefore 1/4th of the computed income is required to be deducted qua personal expenses as per the ratio laid down in the case of Sarla Verma (supra). Accordingly, the loss of dependency per month shall come to Rs. 1597.5 which can be rounded off to Rs. 1600/- and Rs. 19,200/- per annum.
6. I am of the view that, looking to the age of the claimant, the multiplier of 17 awarded in the present case is just and proper. Therefore the future loss of income would come to Rs.3,26,400 (Rs. 19200 x 17). The Tribunal has already awarded Rs. 2,89,680/- under this head. As regards the rest of the awards under various heads, the claimants are entitled to Rs. 25000/- for conventional expenses against which the Tribunal has awarded Rs. 22000/-. Therefore the claimants are entitled to an additional amount of Rs. 39,720/- (Rs. 36,720/- under future loss of income and Rs. 3000/- for conventional expenses).
7. Accordingly, appeal is partly allowed. The appellants shall be entitled to an additional amount of Rs. 39,720/- alongwith interest at 7.5% from the date of application till realisation. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//