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Madhya Pradesh High Court · body

2003 DIGILAW 542 (MP)

Gafuran v. Tilakraj Kapur

2003-04-14

N.K.JAIN, S.S.JHA

body2003
JUDGMENT For the death of a twenty-three years old unmarried person, employed in government service on a salary of Rs. 1,5001- per month and who died in a motor accident insured with respondent No.3, the Tribunal below has awarded compensation Rs. 62,000/- to the two sisters (appellants No.4 and 5) of the deceased. Two other sisters namely appellant Nos. 2 and 3 were not awarded any compensation on the ground that they were not dependent on the deceased. Counsel for appellants submitted that the amount awarded is too meagre to be sustained by this Court.. As against this Shri'Malhotra strongly defended the impugned award. It is not disputed before us that the deceased was unmarried and his parents had also died and so only his sisters were his legal representatives. The Court below while computing dependency at Rs. 12,000/- p.m. applied multiplier of four only. A very strange reasoning was given for adopting a short multiplier that the two sisters major in age were not dependent on the deceased while the remaining two sisters were likely to attain majority within next four years. We are afraid, the reasoning adopted by the Tribunal below is not in accordance with .law. Under section 166 of the Motor Vehicle Act, where the death is resulted from the accident, the claim can be preferred by all or any of the legal representative of the deceased. This provision does not speak of dependents or such all legal representatives being dependent on the deceased. Any legal representatives of the deceased can prefer claim before the Tribunal irrespective of he being or not dependent on the deceased. Having regard to the age of the claimants as also the deceased, the proper multiplier in the instant case ought to be 15. By applying this multiplier the amount of compensation on this count comes to Rs. 1,80,000/-. To this a further sum of Rs. 2,,000/- Need to be added under various heads, thus bringing the amount of compensation to Rs. 2,00,000/-. Needless to say that all the sisters i.e. appellants No.2 to 5 are entitled to receive this amount from the respondents. Accordingly we allow the appeal in part and to the extent indicated above. The amount of compensation is raised to Rs. 2,00,000/-, which the respondents shall pay jointly and severally to the appellants No.2 to 5. The amount shall be shared by them equally. Accordingly we allow the appeal in part and to the extent indicated above. The amount of compensation is raised to Rs. 2,00,000/-, which the respondents shall pay jointly and severally to the appellants No.2 to 5. The amount shall be shared by them equally. The difference amount shall also carry interest @ 9% p.a. from the date of passing of the order by the Tribunal until payment. The respondents shall also bear appellants cost of this appeal besides their own. Counsel fee Rs. 1,000/-, if certified.