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Rajasthan High Court · body

2008 DIGILAW 2628 (RAJ)

Sundar kanwar v. Lal Singh

2008-12-02

NARENDRA KUMAR JAIN

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. Admit. With the consent of both the parties, the appeal was heard finally and is being disposed of. 3. The claimants-appellants have preferred this appeal u/s 173 of the Motor Vehicles Act, 1988, for enhancement of amount of compensation in respect of death of Banwari who died in motor accident took place on 24.5.1994 and being aggrieved with the impugned award dated 7.9.1998 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur, in Claim Case No.372/1994, whereby the learned Tribunal has awarded a total compensation of Rs.1,82,000/- with interest @ 12% p.a. from the date of claim application i.e. 13.6.1994, in their favour. 4. The only grievance of the learned counsel for the appellants is that the learned Tribunal has committed an illegality in not applying the proper multiplier in the present case while awarding the total compensation in favour of the claimants. He contended that the age of the victim was determined as 25 years and as per Second Schedule of the Motor Vehicles Act, 1988, the multiplier of 17 should have been applied in the case. He alternatively, contended that the deceased was un-married and the age of the parents is to be taken into consideration for the purpose of adopting the multiplier, then the age of appellant No.1, mother of the deceased, was 50 years then at least the multiplier of 13 should have been allowed in place of 12 applied by the Tribunal. He, therefore, contended that only to that extent the impugned award passed by the Tribunal be modified and the amount of compensation may be enhanced accordingly. 5. The learned counsel for the respondents defended the impugned award and contended that the amount of compensation awarded in the present case, appears to be just, fair and reasonable looking to the year of the accident, therefore, no interference in it, is called for. 6. I have considered the submissions of the learned counsel for the parties and examined the impugned award as well as record of the Tribunal. The Tribunal has determined the age of the deceased as 25 years and the age of mother of deceased claimant as 50 years. It is a settled law that in the claim application where the parents are claimants, their age is relevant for the purpose of applying the multiplier for the purpose of assessing of compensation. The Tribunal has determined the age of the deceased as 25 years and the age of mother of deceased claimant as 50 years. It is a settled law that in the claim application where the parents are claimants, their age is relevant for the purpose of applying the multiplier for the purpose of assessing of compensation. The claimant mother was 50 years of age, therefore, the multiplier of 13 can be applied in the present case as per Second Schedule and to that extent the award of the Tribunal is liable to be modified. Consequently, the total amount of compensation in the present case comes to Rs.1,97,200/- (14,400 x 13 + 10,000). 7. Consequently, this appeal is allowed. The impugned award of the Tribunal is modified. The amount of compensation of Rs.1,82,000/- awarded by the Tribunal is enhanced to Rs.1,97,200/- (One lac Ninety Seven Thousand Two Hundred only). The enhanced amount of compensation shall also carry interest @ 6% p.a. from the date of claim application till the date of payment. There will be no order as to costs.Appeal allowed. *******