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Rajasthan High Court · body

2008 DIGILAW 2593 (RAJ)

Chhitar Lal v. Abdul Habib

2008-11-25

N.K.JAIN

body2008
Judgment Hon'ble JAIN, J.—Although the matter has come for orders on an application filed by appellants for sending the record of the Tribunal back, so they may move an application to release the amount of F.D.R. as appellant no.2-mother of deceased is suffering from cancer disease. However, on the request of learned counsel for both the parties, the final arguments were heard in the case and appeal is being disposed of. 2. The claimants have preferred this appeal for enhancement of the amount of compensation in respect of death of their son Sanjay Kumar, who died in motor accident took place on 14th May, 2004 and being aggrieved with the impugned award dated 26th April, 2006 passed by the Additional District & Sessions Judge (Fast Track) No.3 and Motor Accident Claims Tribunal, Kota, whereby the learned Tribunal has awarded total compensation of Rs. 1,56,600/- with interest @ 6% per annum with effect from the date of claim application i.e. 6th July, 2006 in their favour. 3. The submissions of learned counsel for the appellants are two fold; first is about deduction of 1/2 amount from the dependency amount by the Tribunal on account of personal expenses of the deceased and second is that looking to the age of the parents, the multiplier of 13 or at-least 12 ought to have been applied in place of 11. 4. The learned counsel for the respondents supported the impugned award and contended that the amount of compensation awarded in the present case is just and reasonable and no interference in it is called for. 5. I have considered the submissions of learned counsel for the parties and examined the impugned award passed by the learned Tribunal. The claimants in their application pleaded that the monthly income of the deceased was Rs. 3000/- and age of deceased was 25 years. The claimants, who are parents mentioned their age as 52 years and 48 years respectively. The Tribunal in absence of any documentary evidence in support of income of the deceased assessed the monthly income as Rs. 2100/- on the basis of minimum wage and applied the multiplier of 11 taking into consideration the age of the parents. 6. The first submission of learned counsel for the appellants is that the Tribunal committed an illegality in deducting 1/2 amount from the dependency amount of Rs. 2100/- on the basis of minimum wage and applied the multiplier of 11 taking into consideration the age of the parents. 6. The first submission of learned counsel for the appellants is that the Tribunal committed an illegality in deducting 1/2 amount from the dependency amount of Rs. 2100/- for the purpose of calculating the amount of compensation, whereas it is settled law that normally 1/3rd amount is deducted for personal expenses of the deceased. I find force in the contention of the learned counsel for the appellants and consequently, I modify the finding of the learned Tribunal in this regard and assess the dependency amount as Rs. 1400/-per month in place of Rs. 1050/-. So far as second submission about multiplier is concerned, I find that age of father of deceased was 52 years and mother was 48 years. As per second schedule, the multiplier of 13 is applicable where the age of victim is above 45 years, but not exceeding 50 years and the multiplier of 11 is applicable, where the age of victim is above 50 years but not exceeding 55 years. It is settled law that where the claimants are parents, then the multiplier is used as per their age. If we take into consideration the age of mother, then multiplier of 13 is applicable and if we take the age of father into consideration, then multiplier of 11 is applicable. After considering the submissions of learned counsel for both the parties, I think it fit and proper to apply the multiplier of 12 in place of 11 as applied by the Tribunal. 7. Consequently, the amount of compensation in the present case under the head of loss of income comes to Rs. 2,01,600/- (1400 X 12 X 12). The Tribunal has awarded the amount of Rs. 15,000/- under the head of love and affection and Rs. 3,000/- for funeral expenses and transportation charges. The appellants will be entitled to get the said amount of Rs. 18,000/- also. In these circumstances, the total amount of compensation comes to Rs. 2,19,600/-. 8. In view of above discussion, the appeal is allowed. The impugned award passed by the Tribunal is modified. The amount of compensation of Rs. 1,56,600/- is enhanced to Rs. 2,19,600/-. The enhanced amount shall also carry interest @ 6% from the date of claim application upto the date of payment. The cost is made easy. 2,19,600/-. 8. In view of above discussion, the appeal is allowed. The impugned award passed by the Tribunal is modified. The amount of compensation of Rs. 1,56,600/- is enhanced to Rs. 2,19,600/-. The enhanced amount shall also carry interest @ 6% from the date of claim application upto the date of payment. The cost is made easy. 9. In view of above, there is no need to pass any order on the application filed by the appellants and the same also stands disposed of. The registry is directed to send back he record of the Tribunal immediately.