UNITED INDIA INSURANCE CO. LTD Vs. RAGHUBHAI BHALABHAI

JUDGEMENT

(1.) BY way of this appeal, the appellants- original opponent No.3 has challenged the judgement and award dated 04.09.2004, passed by the Motor Accident Claims Tribunal(Auxiliary), Fast Track Court, Suredranagar, in M.A.C.P. No.273 of 1999, whereby the tribunal has awarded compensation in the sum of Rs. 2,20,000.00 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 on 12.02.1999, while Sonuben, aged about 9 years, was passing on Ahmedabad-Rajkot Highway. At that time one truck bearing registration No.GJ-3-v-7822 came and dashed her. As a result of the said accident, she sustained grievous injuries and due to which he died. Therefore, the parents of the deceased filed claim petition being M.A.C.P. No. 273of 1999, before the Tribunal for compensation.

(3.) I have heard learned counsel appearing for the parties and perused the materials produced on record. It appears from the record that the tribunal has committed an error in deducting 1/3 amount from the dependency. In view of the decision of the Apex Court, in the case of Sarla Varma and Others Vs. Delhi Transport Corporation Ltd. and Anr.(Supra) the parents of the deceased are only entitled to 50% amount from the notional income. Therefore, the claimants are entitled to Rs.7,500.00 notional income per annum. I also find that the Tribunal has committed an error in adopting multiplier of 16. However, in view of the decision of the Sarla Varma(Supra), multiplier of 17 is just and appropriate. If multiplier of 17 is adopted, the net amount comes to Rs. 1,27,500.00.