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2005 DIGILAW 2231 (RAJ)

Shivrani Mathur v. Ramesh Chandra

2005-08-24

V.K.BALI, VINEET KOTHARI

body2005
Judgment Vineet Kothari, J.-This appeal is against the Judgment dated 22nd November, 2002 of learned Single Judge, partly allowing S.B. Civil Misc. Appeal No. 468/1997 by which the learned Single Judge was pleased to enhance the amount of compensation to the tune of Rs. 50, 000/-(Rs. fifty thousand only) with interest payable with effect from 07th January, 1989 at the rate of 12% per-annum. 2. The Motor Accident Claims Tribunal, Kotputali (hereinafter referred to as “The Tribunal”) vide its award dated 9th March, 1994 while deciding the claim petition No. 216/1993 filed by the present appellants had awarded a sum of Rs. 1, 17, 900/-on account of death of one Radhey Shyam Mathur who was passenger of unfortunate bus No. UHN 876 and while he was travelling from Jaipur to Alwar by that bus near Virat Nagar, the said bus collided with another bus No. RNP 2529 coming from Alwar to Jaipur. 3. At the time of his death in the said accident, Mr. Radhey Shyam Mathur, was 55 years of age and he was serving as General Manager with Hindustan Zinc Ltd., Udaipur and was drawing salary of Rs. 8,505,25 (Rs. Eight thousand five hundred five and twenty five paise) per month. He was a qualified Costs and Works Accountant. 4. The learned Tribunal admittedly while making the said award did not take into account the future prospects of increase in the pay of deceased and the net salary was taken after deducting one third towards personal expenses at Rs. 5, 700/-and since approximately 17 months of his services with Hindustan Zinc Ltd., Udaipur was left and the said net salary was multiplied by 17 to arrive at the dependency benefit to Rs. 96, 900/-. The learned Tribunal failed to not only take into account the possible future increase in his salary but also ignored the prospects of said highly qualified person being re-employed and earning approximately the same amount in his own consultancy works in future life span. The life span of an average Indian belonging to this strata of society could very well be taken to be 70 years of age. The multiplier of 8 has been prescribed under the II Schedule of Motor Vehicles Act, 1988 for the range of age between 55 to 60 years. 5. The life span of an average Indian belonging to this strata of society could very well be taken to be 70 years of age. The multiplier of 8 has been prescribed under the II Schedule of Motor Vehicles Act, 1988 for the range of age between 55 to 60 years. 5. In view of these facts and circumstances obtaining in the present case, we are satisfied that the present case calls for a further enhancement of compensation and the ad hoc enhancement of Rs. 50, 000/-only given by the learned Single Judge was rather inadequate. 6. In view of the facts of the present case, this Court is of the opinion that a net monthly earning of Rs. 5, 000/- could very well be maintained by the deceased for at-least next eight years. Thus, the net monthly income which would have enured to the benefit of his dependents taken at Rs. 5, 000/-would give yearly net figure of Rs. 60, 000/-and applying a multiplier of 8 thereto as discussed above, the compensation would work out to Rs. 4, 80, 000/-. The compensation awarded under other heads by the Tribunal and further by the learned Single Judge, shall be maintained. We are not interfering with the rate of interest of 12% per-annum upheld by the learned Single Judge. 7. With the modification as indicated above, the present appeal is allowed with no order as to costs.