SAROJDEVI UMESHPRASAD Vs. RAMESHBHAI TRIKAMJI NAYAK

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and award dated 1 -9 -2007 passed by the Motor Accident Claims Tribunal(Aux.), Fast Track Court No.5, Vadodara, (hereinafter referred to as 'the learned Tribunal' for short) in Motor Accident Claim Petition No.1738 of 2005 by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs.16,77,960/ - towards compensation for the death of deceasedUmeshprasad Chokhatprasad, the appellants herein -original claimants have preferred the present appeal for enhancement of amount of compensation awarded by the learned Tribunal.

(2.) IT is required to be noted that the present appeal preferred by the original claimants is on quantum of the amount awarded by the learned Tribunal. By the impugned judgment and award, the learned Tribunal has awarded an amount of Rs.16,32,960/ - towards loss of dependency/future loss of income and further Rs.25,000/ - towards loss of estate, Rs.15,000/ - towards loss of consortium and Rs.5,000/ - towards funeral expenses and thus, a total sum of Rs.16,77,960/ - has been awarded under different heads with interest @ 8% per annum thereon from the date of the claim petition till its realization.

(3.) MR .Hiren Modi, learned advocate appearing on behalf of the appellants -original claimants has vehemently submitted that as such, the learned Tribunal has rightly considered the income of the deceased at Rs.9720/ - per month, however, the learned Tribunal has materially erred in applying the multiplier while considering the loss of dependency/future loss of income. He has further submitted that considering the age of the deceased as 32 years at the time of accident, as per the decision of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 6 SCC 121, the learned Tribunal ought to have applied a multiplier of 16 instead of 14 as has been applied by the learned Tribunal.