JESANG VAJA AYAR Vs. BUDHARAM

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgement and award dated 10.08.2001, passed by the Motor Accident Claims Tribunal(Auxi. i), Kutch at Bhuj, in M.A.C.P. No.417 of 1992, whereby the tribunal has awarded compensation in the sum of Rs.2,39,000/- to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that in a vehicular accident one Dinesh expired. THErefore, the parents of the deceased filed claim petition being M.A.C.P. No. 417 of 1992, before the Tribunal for compensation. THE Tribunal after hearing learned advocates for the respective p ies and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimants.

(3.) I have heard learned counsel appearing for the appellants and perused the record as well as the judgement and award of the tribunal. I find that the Tribunal has committed an error in assessing the monthly dependency. There is no dispute about the income of the deceased, which is at Rs.3000/-. However, the Tribunal has committed error in deducting 1/3 amount. In view of 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, parents are only entitled for 50% amount from the income of the deceased. Therefore, the claimants are entitled to Rs.1500/- towards monthly dependency, accordingly annually it comes to Rs.18,000/-. I find that the multiplier adopted by the Tribunal is on higher side, it should be 15, as per the decision of the Sarla Varma(supra). if the multiplier of 15 is adopted, the dependency comes to Rs.2,70,000/-. Over and above, the claimants are also entitled to Rs.35,000/- as awarded by the Tribunal under different head.