JUDGMENT 1. - These three appeals have been filed by the claimants against the award of Motor Accidents Claims Tribunal, Jaipur, dated 17th June, 1985. 2. On 25.6.1982 at about 6.10 p.m. a jeep No. MHM 5867 belonging to Rajesh Motors along with their employees was coming from village Palri to Jaipur. Near Sishodia Rani Garden at Ghat Ki Guni, a truck No. RSD 3048 was going from Jaipur to Bharatpur. Both the vehicles were being driven rashly and negligently at fast speed, when they collided with each other. Satya Narain husband of Kanti, Mohan Lal son of Jodha Lal and Banshi Lal husband of Sushila died on the spot due to the injuries sustained by them in this accident. One Ashok was also seriously injured in this accident. 3. Claim petitions were filed separately. Kanti and others filed No. 181 of 1982, Jodha Lal and another filed No. 182 of 1982, Sushila and others filed No. 183 of 1982. I am not concerned with the claim petition of Ashok No. 243 of 1982, because no appeal has been filed in that respect. 4. Now the main controversy in these three appeals is relating to the compensation allowed by the Tribunal which is sought to be increased by the claimants. So far as the owner, driver, insurance company concerned in this accident are concerned they have not filed any appeal whatsoever, and therefore it is not necessary to consider and decide and adjudicate the question of rashness and negligence which has been proved and has not been challenged. Similarly, the fact that these three persons died on account of this accident and the claimants are entitled to compensation is not in dispute. 5. I would therefore concentrate and decide precisely the main objection raised regarding the increase of the compensation in each case. 6. First of all I would take the case of appeal No. 282 of 1985. 7. In this the death was caused of Mohan Lal. aged 22 years, whose father in Jodha Lal, 48 years of age and mother Heera, 40 years of age. The Tribunal has awarded compensation multiplier being of 12 and the dependency of the family from the deceased held to be of Rs. 200/-. The compensation allowed is Rs. 28,800/-. 8.
7. In this the death was caused of Mohan Lal. aged 22 years, whose father in Jodha Lal, 48 years of age and mother Heera, 40 years of age. The Tribunal has awarded compensation multiplier being of 12 and the dependency of the family from the deceased held to be of Rs. 200/-. The compensation allowed is Rs. 28,800/-. 8. I am of the opinion that the multiplier to be applied should be of 18 because the father and mother being of 48 and 40 years, on an average for another 18 years, they would be getting benefit from the son Mohan Lal. Thus, the amount would be Rs. 200 X 12 X 18 = Rs. 43,200/-. The Tribunal has not allowed any compensation for loss of love and affection to father and mother. Each of them would get Rs. 2,000/-. Father would get Rs. 2,000/- and mother would get Rs. 2,000/-. In all Rs. 4,000/-. Thus, now the total amount of compensation would be Rs. 43,200 + 4,000 + 3,000/- funeral expenses already allowed by the Tribunal = Rs. 50,200/-. The claimant would get interest at the rate of 12 per cent from the date of application till the date of realisation on the amount which has remained due during the period it has remained due. 9. The second appeal is No. 283 of 1985 of Sushila. The deceased Banshi Lal was husband of Sushila. Banshi Lal was 21 years of age and Sushila is 19 years of age. The Tribunal has held the dependency as Rs. 200/-which the family would have received as benefit from Banshi Lal. The multiplier applied is 16 years. In this case Sushila is a young girl of 19 years of age and has become widow. In my opinion the multiplier should be of 30. Thus the amount would be Rs. 200 X 12 X 30 = Rs. 72.000/-. An amount of Rs. 2,000/- each both to father and mother should also be allowed as loss of love and affection. The Tribunal has allowed Rs. 3,000/-as funeral expenses. The Tribunal has also allowed Rs. 6,000/- to the widow Sushila as the amount of consortium. Thus, the total amount which would now be awarded is Rs. 72,000 + 6,000 + 4,000 + 3,000 = Rs. 85,000/-.
The Tribunal has allowed Rs. 3,000/-as funeral expenses. The Tribunal has also allowed Rs. 6,000/- to the widow Sushila as the amount of consortium. Thus, the total amount which would now be awarded is Rs. 72,000 + 6,000 + 4,000 + 3,000 = Rs. 85,000/-. The claimants would also get interest at the rate of 12 per cent from the date of application till the date of realisation for the period when this amount has remained due. 10. Now the appeal No. 287 of 1985 may be considered. Satya Narain died in this accident at the age of 36 years leaving behind Kanti widow of 32 years. In my opinion the compensation awarded for 16 years is grossly insufficient. This should be for 24 years. Thus, as per the finding of the Tribunal the expectancy or dependency being Rs. 334/- per month to the family, and the multiplier being of 24 years, the amount of compensation would be Rs. 334 X 12 X 24 = Rs. 96,192/-. The loss of love and affection has not been compensated to the father and mother and two daughters. It must be Rs. 2,000/- to each one of them. This would be Rs. 8,000/-. Thus the total amount would be Rs. 96,192 + 8,000 + 6,000 + 3,000 = Rs. 1,13,192/-. On this amount the interest would be chargeable at the rate of 12 per cent from the date of application till the date of realisation during the entire period when it remained due. 11. In all other respects, all the findings of the Tribunal in all the three appeals are confirmed. All the three appeals are accepted. The investment and payment of the amount of compensation would be according to the principles laid down in Rajasthan State Road Trans. Corporation v. Pista Aggarwal, 1986 ACJ 23 (Rajasthan) . The parties would bear their own costs.Appeal allowed. *******