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2009 DIGILAW 1759 (RAJ)

Neki Ram v. Rajendra Kumar

2009-08-06

G.S.SARRAF

body2009
JUDGMENT 1. - The claimant appellant has filed this appeal against the award passed by Motor Accident Claims Tribunal Neem-ka-Thana, district Sikar in Motor Accident Claim no.50/91. 2. It is not necessary to narrate the entire facts as the only question before me is whether the compensation awarded in favour of the claimant appellant is just and reasonable. 3. One Pema Ram who is the father of the claimant appellant Neki Ram died in an accident on 17.2.1991. Admittedly the deceased was 55 years of age at the time of the accident. Learned Tribunal assessed the income of the deceased as Rs.2400/- per month and after deducting ⅓ of it on account of personal expenses of the deceased awarded Rs.1600X12X3 = Rs.57,600/- for the loss of income and after adding Rs.10,000/- for pain and suffering passed a total award of Rs.67,600/- in favour of the claimant appellant. 4. Heard learned counsels for the parties. 5. Learned counsel for the claimant appellant has submitted that the multiplier of 3 adopted by learned Tribunal is totally arbitrary as looking to the age of the deceased a multiplier of minimum of 8 should have been adopted by learned Tribunal. He has also submitted that appropriate amount should also be awarded in the head of funeral expenses. 6. The deceased Pema Ram was 55 years old at the time of the accident. Looking to the age of the deceased I am of the opinion that the appropriate multiplier is 8. If we adopt multiplier of 8 then the loss of income comes to Rs.1600X12X8 = Rs.1,53,600/-. Rs.2400 should be awarded for funeral expenses. If we add Rs.10,000/- on account of pain and suffering as awarded by learned Tribunal then the total amount comes to Rs.1,53,600+ Rs.2400+ Rs.10,000/- = Rs.1,66,000. Thus the appellant is entitled to a compensation of Rs.1,66,000/-. 7. Consequently, the appeal is allowed to the extent indicated above and the amount of compensation is enhanced from Rs.67,600/- to Rs.1,66,000/-. The claimant appellant will be entitled to interest at the rate of 6% per annum from the date of filing the application in the Tribunal to the date of deposit/realisation on the enhanced amount. Learned Tribunal will pass necessary orders regarding payment/fixed deposit. No order as to costs.Appeal Allowed. *******