1. By way of this appeal, the present appellants-original claimants have challenged the judgement and award dated 08.04.2002, passed by the Motor Accident Claims Tribunal(Main), Mehsana, in M.A.C.P. No.265 of 1992, whereby the tribunal has awarded compensation in the sum of Rs.2,58,000/- to the claimants with interest at the rate of 9% 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 Dhanajibhai Keshvlal Shah expired and therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.265 of 1992, before the Motor Accident Claims Tribunal, for compensation. The learned 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 appellant contended that the tribunal has committed an error in deducting 1/3 amount from the income of the deceased. The Tribunal ought to have deducted ¼ amount from the income of the deceased.
4. I have heard learned counsel appearing for the respective parties and perused the record as well as the judgement and award of the tribunal. There is no dispute about the monthly income of the deceased, which is at Rs.2000/- per month. I find that the Tribunal has committed an error in deducting 1/3 amount from the income of the deceased. As per 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, the tribunal ought to have deducted 1/4 amount, as the claimants are five in number. After deducting ¼ amount from the income of the deceased, the amount comes to Rs.1500/- per month and accordingly annual dependency income comes to Rs.18,000/-. If multiplier of 15 is adopted, the dependency come to Rs. 2,70,000/-. The claimants are also entitled to Rs.25,000/- towards conventional amount. Thus, in all the claimants are entitled for compensation of Rs.2,95,000/-,whereas the Tribunal has awarded Rs.2,58,000/-.
5. In that view of the matter, the claimants are entitled for additional amount of Rs.37,600/-
alongwith interest at the rate of 7 ½ per cent from the date of filing of the application till realization.
6. The judgement and award of the tribunal is modified to the aforesaid extent. The decree be drawn accordingly. present appeal is partly allowed.
pawan [K.S.JHAVERI,J.]