1. By way of this appeal, the appellants-original opponent No.3 has challenged the judgement and award dated 01.12.1999, passed by the Motor Accident Claims Tribunal at Bhuj, in M.A.C.P. No.100 of 1992, whereby the tribunal has awarded compensation in the sum of Rs. 2,18,000/- to the claimants with interest at the rate of 12% from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 25.9.1991 one accident occurred and due to which one Arjanbhai Karsanbhai Zura expired. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No. 100 of 1992 before the Motor Accident Claims Tribunal at Bhuj for compensation. The Tribunal after hearing learned advocates for the respective parties and after considering the evidence on record has decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original opponent No.3.
3. Learned counsel for the appellants submitted that the tribunal has committed an error in awarding compensation to the claimants. He further submitted that submitted that the claimants are only entitled for ½ amount from the income of the deceased, since the claimants are the parents of the deceased. He further submitted that the Tribunal has committed an error in adopting the multiplier of 15. The Tribunal ought to have adopted the multiplier of 13.
4. In support of his contention he relied upon 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 and prayed to allow this appeal.
5. Learned advocate for the respondents has opposed the contention of learned advocate for the appellant and submitted that the Tribunal after considering the evidence on record has passed the impugned award therefore, he prayed to dismiss the present appeal.
6. I have heard learned counsel appearing for the parties and perused the material on record. It appears from the record that the tribunal has committed an error in awarding compensation to the claimants. In view of the decision of the Apex Court, in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr.(Supra) the parents of the deceased are only entitled to 50% amount from the dependency. There is no dispute about the monthly income of the deceased which is at Rs.2250/-. The claimants are only entitled to Rs.1125/- and accordingly annually it comes to Rs.13,500/-. The multiplier of 15 adopted by the Tribunal is on higher side, it should be 13, as the the decision of the Apex Court in Sarla Varma's case(Supra), as at the time of accident, the age of the mother was about 48 years. If the multiplier of 13 is adopted, the net amount comes to Rs.1,75,500/-.
7. The claimants are also entitled an amount of Rs.10,000/- under the head of loss of estate and Rs.5000/- under the head of funeral expenses. Thus, in all the claimants are entitled for total compensation of Rs. 1,90,500/- whereas the Tribunal has award Rs.2,18,000/- by way of total compensation. Therefore, the excess amount of Rs. 27,500/- will be refunded to the appellant-Insurance Company with interest and cost, if any, if the same is deposited by the appellant with the tribunal.
8. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.
[K.S.JHAVERI,J.] pawan Top