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Rajasthan High Court · body

2005 DIGILAW 2419 (RAJ)

Meera v. Union of India

2005-09-09

J.R.GOYAL

body2005
JUDGMENT 1. - Instant appeal has been preferred by the claimant-appellants, who are- wife, son and daughter of the deceased Mahendra Singh who died in a road accident which occurred on 30/3/1989, for enhancement of the compensation against the award dated 7/6/2000 passed by Motor Accident Claims Tribunal, Ajmer in MAC No.683/1998 (213/1989) whereby compensation to the tune of Rs.2,55,208/- has been awarded, in favour of the claimant-appellants. 2. Heard learned counsel for the parties and perused the impugned award passed by the learned tribunal. Learned counsel for the appellants firstly raised the point of multiplier and contended that deceased Mahendra Singh was a railway' employee and at the time of death he was 25 years of age but only multiplier of 14 was adopted while as per the second schedule under Section 163-A of the Motor Vehicles Act, 1988 (for short the Act of 1988) the multiplier of 17 ought to have been adopted. It is also contended that learned Tribunal has awarded interest from 3/3/1994 while the claim application for compensation was filed on 16/9/1989. In these circumstances, interest ought to have been awarded from the date of filing the claim application. 3. Learned counsel for the respondents supported the impugned award and contended that after considering entire facts and circumstances learned Tribunal rightly passed the award of compensation. 4. I have considered the rival contentions. It is not disputed that this accident took place on 30/3/1989 in which Mahendra Singh sustained serious injuries and ultimately died on 17/4/1989 on account of the injuries sustained in this accident. Learned Tribunal also found that this accident took place on account of rash and negligent driving of the military truck bearing registration No.81-C-29550-P driven by its driver-respondent No.1 Jagdish. It has not been made the point of dispute that deceased Mahendra Singh at the time of this accidental death was 25 years of age. Learned Tribunal considered his income Rs.1921/- per month and after deducting ⅓rd amount on account of his own expenses, loss of contribution to his family was assessed at Rs.1281/- per month and after adopting the multiplier of 14 assessed the loss of dependency Rs.2,15,408/-. In my view, considering the age of the deceased and second schedule under Section 163-A of the Act of 1988 as a guideline, the multiplier of 17 would be appropriate instead of 14. Thus, the total loss of dependency comes to Rs. In my view, considering the age of the deceased and second schedule under Section 163-A of the Act of 1988 as a guideline, the multiplier of 17 would be appropriate instead of 14. Thus, the total loss of dependency comes to Rs. 1281 x 12 x 17 = Rs. 2,61,324/-. Learned Tribunal has awarded Rs. 15,000/- & Rs. 10,000/- to the wife for the loss of consortium and loss of expectation of life and Rs.5,000/- each to two children for the loss of love and affection and further Rs.5,000/- for funeral expenses. Thus after adding the same, total amount of compensation comes to Rs. 3,01,324/- 5. Learned Tribunal has awarded interest from 3/3/1994 considering the fact that non-applicant No.1 could not be served for a long delay, In my considered view, firstly there appears to be no such reason on behalf of the claimants that they will delay this matter. Thus, the claimant-appellants are entitled to get interest from the date of filing the claim application i.e. 16/9/1989 Instead of 3/3/1994 at the rate and on the amount as awarded by the Tribunal. 6. Consequently, this appeal is partly allowed, the award of Tribunal is modified and the amount of compensation is enhanced to Rs.3,01,324/- instead of Rs.2,55,208/- as awarded by the Tribunal. The appellants shall get interest @ 6% per annum on the enhanced amount of compensation from the date of filing the claim application till the payment is made. The appellants are also entitled to.get the interest from the date of filing of the claim application i.e. 16/9/1989 instead of 3/3/1994 till the date of award at the rate awarded by the Tribunal.Appeal allowed as above. *******