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2006 DIGILAW 2159 (RAJ)

Dil Kaur v. Sohrab Khan

2006-07-07

G.S.SARRAF

body2006
JUDGMENT 1. - The claimant-appellants have filed this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 5.12.1995 of the Motor Accident Claims Tribunal, Jaipur District, Jaipur. 2. The facts in brief are that at about 7.00-7.30 a.m. on 12.10.1990 when the deceased Ram Chandra was standing on his side of the road near Thana Chandwaji a truck bearing No. RNS-4278 being driven rashly and negligently by respondent No. 1 hit the deceased Ram Chandra as a result of which he died on the spot. The truck belonged to respondent No. 2 and respondent No. 3 is the Insurance Company. Claimant-appellant No. 1 is the widow and claimant-appellant Nos. 2 to 6 are sons and daughters of the deceased Ram Chandra. The learned Tribunal after hearing the parties held that the accident occurred due to rash and negligent driving of the driver of the truck and passed an award of Rs. 1,32,600 in favour of the claimant-appellants. Aggrieved by this judgment/award the claimant-appellants have filed this appeal. 3. Mr. Mahendra Goyal, learned Counsel for the claimant-appellants has assailed the finding of the learned Tribunal only on Issue No. 3 and has contended that the learned Tribunal has adopted a multiplier of 7 whereas looking to the age of the deceased a multiplier of 13 should have been adopted in this matter. He has also said that no amount has been awarded for funeral expenses and for loss of love and affection to the claimant-appellant Nos. 2 to 6. He has, therefore, prayed for the increase of the compensation amount. 4. Mr. Amit Sharma on behalf of Mr. J.P. Goyal for respondent No. 3 has supported the judgment of the learned Tribunal. 5. The deceased was around 50 years old at the time of his death as per the averments made in the claim petition and the evidence available on the record and the learned Tribunal has adopted a multiplier of 7. 1 am of the view that the multiplier adopted by the learned Tribunal is not appropriate. Looking to the age of the deceased and considering all facts and circumstances of the case I am of the opinion that the appropriate multiplier in the is case is 10. If that be so then the amount comes to (1400 x 12 x 10) Rs. 1,68,000. As held by the Tribunal Rs. Looking to the age of the deceased and considering all facts and circumstances of the case I am of the opinion that the appropriate multiplier in the is case is 10. If that be so then the amount comes to (1400 x 12 x 10) Rs. 1,68,000. As held by the Tribunal Rs. 15,000 be added on account of loss of consortium. The learned Tribunal has not awarded any amount for loss of paternal love and affection and for funeral expenses of the deceased whereas a suitable amount should have been awarded on both counts. Therefore, an amount of Rs. 10,000 for loss of paternal love and affection and an amount of Rs. 2,000 for funeral expenses may further be added. The total amount comes to Rs. 1,95,000. Thus the claimant-appellants are entitled to compensation to the tune of Rs. 1,95,000. 6. The appeal of the claimant-appellants is, therefore, allowed to the extent stated above and the amount of compensation is increased from Rs. 1,32,600 to Rs. 1,95,000. The claimant-appellants will be entitled to interest at the rate of 6% per annum from the date of the award of the learned Tribunal to the date of deposit/realisation on the enhanced amount. If the aforesaid amount is not paid or deposited within a period of three months then the respondents will have to pay interest at the rate of 12% per annum. The learned Tribunal will apportion the amount among the claimants and will pass necessary orders regarding payment/deposit thereof. No order as to costs.Appeal partly allowed. *******