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2012 DIGILAW 744 (RAJ)

Prabhu Devi v. Nand Kishore

2012-03-26

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judgment dated 19th September, 2000, whereby the Motor Accident Claims Tribunal, Jaipur District, Jaipur, decreed an amount of Rs. 2,19,600/-, in favour of the appellants-claimants and against the respondents. 2. Adumbrated in brief, the facts of the case are that on 28th October, 1993, Birdhi Chand and Palu Ram along with other passengers were going from Achrol to Khandal by Jeep bearing Registration No. RRL-9552. It is alleged that the jeep was being driven by the driver rashly and negligently and at a fast speed, as a result of which, the vehicle turned turtle resulting into the death of Birdhi Chand and Palu Ram on the spot. The claimants appellants filed a claim petition before the Tribunal, which was decreed as indicated here-in-above. Being aggrieved and totally dissatisfied with the amount under the award, the appellants claimants have beseeched to enhance the quantum of compensation. 3. Learned counsel for the appellants focused his arguments only on one ground that the Tribunal erred in applying the multiplier of 14, whereas the age of the deceased Palu Ram was 40 years and the multiplier in the II Schedule appended to the Motor Vehicles Act for the victims falling in the age bracket of 40-45 has been suggested to be 15. Learned counsel canvassed that keeping in view the multiplier of 15, the loss of dependency may be recomputed and the appeal may be allowed. 4. Learned counsel appearing for the Insurance Company has not opposed to it, as the argument of the learned counsel for the appellants is based totally on law point. 5. Having considered the submissions made at the bar and carefully scanned the II Schedule appended to the Motor Vehicles Act, it is revealed that for the victim falling in the age bracket of 40-45, the legislature has suggested the multiplier of 15 for reckoning the loss of dependency. There is no dispute with regard to the income of the deceased, hence, the loss of dependency is recomputed thus:- 1200 x 12 x 15 = Rs.2,16,000/- 6. The amount of compensation awarded by the Tribunal towards other heads remains unchanged. 7. In view of above, appeal is partly allowed. The appellants-claimants are held entitled to claim Rs. 2,34,000/- instead of Rs.2,19,600/- from the respondents/non-claimants. The amount of compensation awarded by the Tribunal towards other heads remains unchanged. 7. In view of above, appeal is partly allowed. The appellants-claimants are held entitled to claim Rs. 2,34,000/- instead of Rs.2,19,600/- from the respondents/non-claimants. They are also held entitled to claim the interest @ 12 per annum on the enhanced amount of compensation from the date of filing the claim petition till the amount is actually realized. Rest of the terms under the award shall remain unchanged. 8. The impugned award stands modified as indicated here-in-above. 9. The appeal stands disposed of, accordingly.