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Judgment
Honourable Mr. Justice K.S. Jhaveri
By way of this appeal, the appellant-original claimant has challenged the judgement and award dated 07.08.2006, passed by the Presiding Officer, Fast Track Court No. 8, Ahmedabad(Rural) at Ahmedabad, in M.A.C.P. No. 363 of 2005, whereby the tribunal has awarded compensation in the sum of Rs. 1,54,500/- to the claimants with interest at the rate of 6% per annum from the date of filing of the petition till realization. The brief facts leading to filing of this appeal are that on 17.02.2005, one Vasantbhai was travelling over loading Rickshaw bearing registration No. GJ-12-U-3978 as a labourer. The driver of the said Rickshaw was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said Rickshaw turned turtle. As a result of the said accident, Vasantbhai sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No. 363 of 2005, before the Tribunal for compensation.
1.1. 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.
Learned counsel for the appellants has submitted that the tribunal has committed an error in awarding compensation to the appellant. In support of his contention he relied upon the decision of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, and submitted that the this Court may enhance the compensation.
I have heard learned counsel appearing for both the sides and perused the materials produced on record. I find that the tribunal ought to have considered Rs. 1500/- per month as the income of the deceased. If Rs. 15000/- is taken into consideration as monthly income of the deceased, the annual income of the deceased comes to Rs. 18,000/- and if 15 multiplier is adopted, the amount comes to Rs. 2,70,000/- and after deducting 1/3 amount for personal expenses, the dependency comes to Rs. 1,80,00/-. I also find that Tribunal has not granted sufficient amount under the different heads. Therefore, I award Rs. 2,500/- under the head of loss of estate and Rs. 2,000/- under the head of funeral expenses and Rs. 5000/- for loss of consortium. Therefore, the claimants are entitled to Rs. 1,80,000/- +Rs. 2,000+ Rs. 2500 + Rs. 5000/= 1,89,500/-,whereas the tribunal has only awarded Rs. 1,54,500/-. Therefore, the original claimants are entitled to additional amount of Rs. 35,000/- towards compensation.
In that view of the matter, the present appellants are entitled to additional amount of Rs. 35,00/- with interest at the rate of 7.5% per cent per annum from the date of filing of the application till realization. The judgement and award of the tribunal is modified to the aforesaid extent. Decree be drawn accordingly. The present appeal is partly allowed.