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Rajasthan High Court · body

2009 DIGILAW 2071 (RAJ)

Bhanwar Kanwar v. Sanjay Enterprises

2009-10-01

MAHESH BHAGWATI

body2009
Hon'ble BHAGWATI, J.—The learned Motor Accident Claims Tribunal, Jaipur City, Jaipur decreed an amount of Rs.3,34,000/- vide award dated 1st June, 2000 in favour of the appellants. Aggrieved with the quantum of compensation under the award, the appellants by way of this appeal have prayed to enhance the quantum of compensation and modify the award accordingly. 2. The nub of the appellants' story is that on 5th October, 1998 at about 9.00 AM Guman Singh and his father Sawai Singh both were going on a bicycle to Durgapura. When they reached at Gopalpura crossing, one Tanker No.WB-23-6041 came from the direction of Gopalpura Railway crossing at a high speed and dashed the bicycle from the back, resulting into death of Sawai Singh on the spot. 3. The learned counsel for the appellants has assailed only the quantum of compensation. He has canvassed that the learned Tribunal found the deceased to be 45 years of age at the time of death, whereas AW/1 Bhawar Kanwar, the wife of the deceased, deposed before the Tribunal that the age of her husband at the time of his death was 40 years. He has further canvassed that even if we take the age of the deceased to be 45 years, then also as per the IInd scheduled of the Motor Vehicles Act, the learned Tribunal should have applied the multiplier of 15, whereas the learned Tribunal has applied the multiplier of 13 only, which is against the statutory requirement as laid under the law. 4. The second thrust of argument of the learned counsel is that the learned Tribunal has not passed any order with regard to interest to be upon the amount of compensation, which the appellants are required to receive. Hence, the award be modified. 5. None has appeared on behalf of the respondents. 6. Having reflected over the submissions made by the learned counsel for the appellants and carefully scanned the relevant material on record including the impugned award, it is noticed that the learned Tribunal applied the multiplier of 13 and took the age of the deceased to be 45 years for the purpose of computation of compensation amount. Even if we take the age of the deceased to be 45 years as the learned Tribunal has observed, the multiplier of 15 as per the IInd scheduled of M.V. Act is required to be applied. Even if we take the age of the deceased to be 45 years as the learned Tribunal has observed, the multiplier of 15 as per the IInd scheduled of M.V. Act is required to be applied. The learned Tribunal is found to have erred in applying the multiplier of 13 instead of 15. By way of application of multiplier of 13, the appellants were found to be entitled to get compensation to the tune of Rs.3,12,000/-. I am of the opinion that it is apt and lawful as per the IInd scheduled of the M.V. Act to apply the multiplier of 15 in the instant case. By way of application of multiplier of 15, the appellants are entitled to get the amount of compensation to the tune of Rs.3,60,000/- instead of Rs.3,12,000/-. 7. The learned Tribunal has also committed an error in not awarding the interest upon the amount of compensation under the award. I feel that the appellants are entitled to get the interest @ 6% per annum on the amount under award from the date of application for compensation. 8. For these reasons, the appeal is allowed and the award is modified to the extend that the appellants are entitled to get Rs.3,60,000/- as an amount of compensation instead of Rs.3,12,000/-. The appellants are also entitled to get the interest @ 6% p.a. from the date of application for compensation. The rest of the text and terms of impugned award shall remain the same.