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2004 DIGILAW 1742 (RAJ)

Chandrawati v. Zakir Hussain

2004-12-06

DALIP SINGH

body2004
JUDGMENT 1. - This misc. appeal is directed against the award dated 19.2.1994 passed by the Motor Accident Claims Tribunal, Jaipur in MACT Case No. 919/1989 for enhancement of the compensation awarded to the appellant by the learned Tribunal on account of death of the deceased husband of the appellant No. 1 and the father of the appellant Nos. 2 to 6 and son of the appellant No. 7, who died in a motor accident, which took place on 2.9.1989. 2. The only submission of learned counsel for the appellants is that the learned Tribunal erred in adopting a multiplier of 15 to the facts and circumstances of the present case when the age of the deceased was only 30 years as has been found by the learned Tribunal while deciding issue No. 3. Consequently, learned counsel for the appellants submits that having assessed the income contributed by the deceased towards his family from out of Rs. 1,500/- as Rs. 1,000/- per month and the annual contribution towards the family of the deceased was assessed as Rs. 12,000/- and in place of the multiplier of 15 in accordance with the provisions of the Schedule-II of the Motor Vehicles Act, 1988 the multiplier of 18 should be adopted. Learned counsel for the respondents does not dispute this position of the law as is enumerated in the Schedule-II of the Motor Vehicles Act, 1988. Consequently, for the head of loss of income, the sum is assessed in this appeal is Rs. 12,000 x 18 = 2,16,000/- (two lacs and sixteen thousand). Since the amount of Rs. 1,80,000/- has been awarded under this head by the learned Tribunal and which has been paid to the appellants, therefore, the same is liable to be deducted out of Rs. 2,16,000/- and the balance amount of Rs. 36,000/- (thirty six thousand) is liable to be paid to the appellants for the loss of income in addition to the one, which has already been paid under the award. 3. Learned counsel appearing on behalf of the appellants further submits that a very meager sum of Rs. 15,000/- was awarded by the learned Tribunal under the consolidated head of loss of consortium, love and affection. 3. Learned counsel appearing on behalf of the appellants further submits that a very meager sum of Rs. 15,000/- was awarded by the learned Tribunal under the consolidated head of loss of consortium, love and affection. Learned counsel for the appellants submits that there were several claimants being the widow, five children of the deceased and as per the yard stick adopted for loss of consortium under the provisions of the Schedule-II to the Motor Vehicles Act, 1988, a similar amount should be awarded to each of the other claimants for their loss on account of love and affection etc. Learned counsel for the appellant has relied upon a decision of this Court reported in II (1998) ACC 722 : 1998 ACJ 1203 , Rukma Devi & Ors. v. Ramavtar & Ors. , and has contended that for each of the child an amount of Rs. 5,000/- has been awarded by this Court for loss of fatherly affection and care and Rs. 5,000/- to mother for loss of consortium. Consequently, in the instant case an amount of Rs. 5,000/- is awarded to each other children for loss of love and affection to the appellant Nos. 2 to 6 and Rs. 5,000/- to the appellant No. 7 (mother). The amount of compensation in the head of loss of consortium/love and affection is enhanced by 5000 x 6 = Rs. 30,000/-. 4. In view of the above, this appeal allowed to the extent of Rs. 36,000/- + Rs. 30,000 = Rs. 66,000/- (sixty six thousand). The respondents are directed to pay and deposit the said amount i.e., Rs. 66,000/- within a period of three months from today before the learned Tribunal. The said amount if so deposited within a period of three months shall be deposited with interest @ 6% per annum with effect from the date of filing of this appeal in 11.5.1994. However, in case the said amount is not paid to the appellants are deposited before the learned Tribunal within the said period of three months, the appellants shall be entitled to pay interest on the said amount of Rs. 66,000/- @ 9% per annum with effect from the date of filing of the claim petition i.e., 13.9.1989.Appeal Allowed. *******