NARENDRABHAI CHHOTABHAI PATEL Vs. GUMANSING FATESING MAHIDA

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgement and decree dated 29.04.2003 passed by the Motor Accident Claims Tribunal at Ahmedabad in M.A.C.P No. 626 of 1998 whereby the tribunal has allowed the claim of the appellants partially and ordered opponent Nos. 1 to 3 to pay compensation of Rs. 1,02,000/- jointly and/or severally alongwith the interest at the rate of 12% per annum from the date of the petition and the interest at the rate 9% per annum from 01.01.2000 till realisation with appropriate costs.

(2.) BRIEF facts of the case are that:

(3.) RELYING on decision in case of Smt. Sarla Varma & Ors. Vs. Delhi Transport Corporation and anr., in the present case, multiplier of 14 is applicable in view of the age of the parents. Even if we take income at Rs. 1500/- the dependecy would come to Rs. 750/- p.m. by taking half of it. Yearly amount would be Rs. 1,26,000/-. The claimant is also entitled to Rs. 10,000/- towards future loss, Rs. 5,000/- towards funeral expenses. Therefore, the total amount would come to Rs. 1,41,000/-. The tribunal has awarded only Rs. 1,02,000/-. Therefore an additional amount of Rs. 39,000/- along with interest at the rate of 7.5% shall be paid to the claimant. The award is modified to the aforesaid extent. Appeal is allowed accordingly with no order as to costs.