MANUBHAI PAULBHAI MAKWANA Vs. RAVJIBHAI CHANDUBHAI RAVAL

JUDGEMENT

(1.) BOTH these appeals arise out of the common impugned judgment and award and involve common questions on law and facts and hence, they are disposed of by this common judgment.

(2.) THESE appeals arise out of the common judgment and award dated 30.06.2009 passed by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.123/2005 and 125/2005 whereby, the claim petitions were allowed in part and the appellants, original claimants, were awarded total compensation of Rs.1,45,000.00 and Rs.2,25,000.00 respectively along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.

(3.) THE main head under which the appellants have prayed for enhancement of compensation is that the amount awarded under the head of loss of dependency is on the lower side It is submitted that loss of dependency ought to have been computed by deducting 1/2 towards personal living expenses of deceased instead of 2/3 rd in view of the decision of the Apex Court in the case of Sarla Verma v. Delhi Road Transport Corporation, (2009) 6 SCC 121.