I. Damodaran, Kottaym District v. M. K. Valsala, Kunnathunadu
2007-11-20
K.S.RADHAKRISHNAN, T.R.RAMACHANDRAN NAIR
body2007
DigiLaw.ai
Judgment :- Radhakrishnan, J. Only question that has come up for consideration in this case is whether in a claim under section 163(A) of the Motor Vehicles Act, 1988, age of the deceased or claimants has to be taken into consideration for determining the multiplier. Above mentioned legal question is covered by a judgment of the Supreme Court in Deepal Girishbhai Soni v. United India Insurance Co. Ltd., (2004 ACJ 934). Supreme Court held as follows: “The Second Schedule referred to in section 140 of the Act provides for a structured formula for the purpose of grant of compensation to a third party involved in fatal accident/injury. By reason thereof a multiplier system is introduced pursuant whereof and in furtherance whereof the amount of compensation is required to be calculated having regard to the age of the victim and his annual income. However, in terms of the note appended to the said Schedule the amount of compensation so arrived at in the case of fatal accident, the claim is to be reduced by one-third, in consideration of the expenses which the victim would have incurred towards maintaining himself, had he been alive.” Similar question came up for consideration before the Calcutta High Court in National Insurance Co. Ltd. v. Tara Sundari Devi, (2007 ACJ 1441). Interpreting Section 163-A read with Second Schedule of the Act, the court held that from the Second Schedule it appears that the age of the victim is the factor to identify the multiplier. Rajasthan High Court in Amar Singh v. Samsher Khan and others, (2007 ACJ 1983) interpreting section 163-A, read with Second Schedule held that structured formula is legally sanctified and its application is mandatory and not directory in nature. If we apply the above mentioned principles to the facts of this case it is clear that the Tribunal has committed an error in calculating the multiplier basing on the age of the claimants. Deceased was aged 26 years. First petitioner father was aged 70 years and the second petitioner mother was aged 60 years. Tribunal has considered the age of the parents and has taken 5 as the multiplier. Since the age of the deceased was 26 the multiplier to be adopted is 18. If it is so calculated the claimant would be entitled to Rs.2,59,200/- as loss of dependency.
Tribunal has considered the age of the parents and has taken 5 as the multiplier. Since the age of the deceased was 26 the multiplier to be adopted is 18. If it is so calculated the claimant would be entitled to Rs.2,59,200/- as loss of dependency. Over and above, as held by the Tribunal, the claimants are entitled to get an amount of Rs.2000/- towards loss of estate and an amount of Rs.5000/- towards transportation and funeral expenses and Rs.5000/- towards pain and suffering. Altogether claimant is entitled to get a total amount of Rs.2,71,200/-. Appeal is therefore allowed and we award an additional compensation of Rs.1,87,200/- with 7.5% interest from the date of the petition till realization. Award of the Tribunal is modified accordingly.