UNITED INDIA INSURANCE CO LTD Vs. MONALIKA NANDLAL

JUDGEMENT

(1.) THE appellant Insurance Company has preferred this appeal against the judgement and award dated 26.07.2004, passed by the Motor Accident Claims Tribunal, Fast Track Court No.6, Ahmedabad(Rural), Ahmedabad, in M.A.C.P. No.246 of 1994, whereby the tribunal has awarded compensation in the sum of Rs.2,82,000/- 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 Gaurangbhai, aged about 12 years, expired. THErefore, the legal heirs and legal representatives of the deceased filed claim petition being M.A.C.P. No. 246 of 1994, before the Tribunal for compensation. THE Tribunal after hearing learned advocates for the respective parties 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-Insurance Company.

(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 income of the deceased. Even if amended Act is applicable in this case, then notional income comes to Rs.15,000/- per annum. 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.7500/- towards annual dependency. At the time of accident, the age of the mother was about 45 years, therefore, the multplier of 14 would be just and appropriate. If the multiplier of 14 is adopted, the dependency comes to Rs.1,05,000/-. The claimants are further entitled to Rs.10,000/- under the head of loss of estate and Rs.5000/- under the head of funeral expenses.