Urmilaben Gajubhai Patel and 4 vs Ashokbhai Jairambhai Halpati and 2

Honourable Mr. Justice K.S. Jhaveri

This appeal has been preferred against the judgment and award dated 23.03.2000 passed by the Motor Accident Claims Tribunal [Main]

Valsad at Navsari, in M.A.C.P. No. 227/1988, whereby the claim petition was partly allowed and the original claimants were awarded total

compensation of Rs.2,65,400/- along with interest @ 15% per annum from the date of the application till its realization.

The facts in brief are that on account of death of Gajjubhai Chhanabhai Patel in a motor vehicular accident that occurred on 30.04.1988, the

original claimants have filed the claim petition, which came to be partly allowed, by way of the impugned award. The appellants have filed the

present appeal for enhancement of the amount of compensation.

The Learned Counsel for the appellants has sought enhancement of compensation mainly on the ground that the Tribunal has erred in deducting

1/3rd amount from the monthly income of the deceased for the purpose of calculating loss of dependency, which is contrary to the principle laid

down by the Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , wherein it has

been held that deduction of 1/5th has to be made whereby the total number of dependents are 5.

Heard Learned Counsel for the respective parties and perused the documents on record. Since the Learned Counsel for the appellant has

sought enhancement of amount of compensation only under the head of loss of dependency and has not sought enhancement on any other heads,

this Court is examining this appeal, only qua income under the head of loss of dependency. From the record, it appears that the Tribunal has

assessed monthly income of the deceased at Rs.1,700/-. There is no dispute between the parties regarding the said assessment made by the

Tribunal. However, so far as the deduction towards personal expenses is concerned, I find that the Tribunal has deducted 1/3rd amount towards

personal expenses which is contrary to the principle laid down in the case of Sarla Verma''s case (Supra), wherein it has been held that the

deduction of 1/5th has to be made wherein the total number of dependents is 5. Hence, the Tribunal ought to have deducted Rs.340/- [1,700

1/5th] towards the personal expenses of the deceased. Therefore, the loss of dependency per month would come to Rs.1,360/- and the annual

loss of dependency would come to Rs.16,320/- [1360 x 12].

So far as multiplier adopted by the Tribunal is concerned, I find that the same to be on lower side since at the relevant time, the deceased was

aged 31 years. In my opinion, the Tribunal ought to have adopted the multiplier of 17 in view of the principle laid down in the Sarla Verma''s case

(Supra). Hence, the total loss of dependency would come to Rs.2,77,440/- [16,320 x 17]. However, the Tribunal has awarded Rs.2,30,400/-

only under the head of loss of dependency. Therefore, the claimants shall be entitled for additional amount of Rs.47,040/-.

In view of the above, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the

appellants shall be entitled for additional compensation of Rs.47,040/- along with interest @ 7.5% per annum as against 12% from the date of the

application till its realization. Rest of the award remain unaltered and is accordingly confirmed.

The appeal stands disposed of accordingly. No order as to costs.