Research › Search › Judgment

Patna High Court · body

2000 DIGILAW 641 (PAT)

Branch Manager, The Oriental Insurance Company Ltd. v. Asha Devi

2000-04-27

GURUSHARAN SHARMA

body2000
Judgment 1. Heard the parties. In a motor accident dated 15.3.1992, one Satrudhan Choudhary, who was travelling on a Mini truck (BEN 9928) lost his Life. The said vehicle fell down in a ditch on account of rash and negligent drive. Widow of the deceased filed Claim Case No. 13 of 1992 for compensation under the Motor Vehicles Act, 1988. Annual dependency was assessed at Rs. 24,000- 00, wherein 1/3rd was deducted towards personal expenses of the deceased and applying 15 multiplier total amount of compensation was calculated at Rs. 2,40,000-000. In General Manager, Kerala State Road Transport Corporation vs. Susamma Thomas & ors. ( AIR 1994 SC 1631 ) it was held that selection of multiplier can not in all cases be solely dependant on the age of the deceased, but also the calculation as to what actual sum, if invested at a rate of interest appropriate to a stable economy, would yield the annual dependency by way of annual interest. In my view the tribunal, in the present case failed to keep in view one of the relevant considerations in mind for chosing the appropriate multiplier. The interest factor as a relevant consideration has been followed by this court in many cases. The appropriate multiplier should be found out in such a manner that compensation amount calculated in money value should be such which if invested in term deposit in Bank or other financial institution may fetch to the dependants the amount of dependency available to them from the annual income of the deceased. In the facts and circumstances of the present case, in my view, the appropriate multiplier should be 10 and on that basis total amount of compensation comes to Rs. 1,60,000-00. The impugned judgment and award dated 21.12.1998 stands modified accordingly. The claimant is thus entitled to compensation of Rs. 1,60,000-00 with interest @ 6% per annum as directed by the tribunal, Amount, if any, already received by her, shall be deducted. Claimant-respondent no. 1 is permitted to withdraw the statutory amount deposited by appellant for the purpose of this Appeal by chalan no. 413 dated 12.2.1999 on proper verification and in accordance with law. 2. This appeal is disposed of.