Rekha v. Himachal Pradesh Road Transport Corporation
2014-09-05
MANSOOR AHMAD MIR
body2014
DigiLaw.ai
JUDGMENT Mansoor Ahmad Mir, J. (oral) This appeal is directed against the award dated 27th October, 2006, passed by the Motor Accident Claims Tribunal II, Solan (for short, “the Tribunal”) in MAC Petition No.6 S/2 of 2006, titled Rekha & others vs. Himachal Pradesh Road Transport Corporation & another, whereby a sum of Rs.3,27,000/- alongwith interest at the rate of 9% per annum came to be awarded as compensation in favour of the claimants and against respondent No.1 (for short the “impugned award”). 2. The claimants have questioned the impugned award only on the ground of adequacy of compensation. 3. The respondents have not questioned the impugned award on any ground. Thus, the same has attained finality so far it relates to them. 4. Admittedly, the age of the deceased was 31 years at the time of the accident. 5. Keeping in view the purpose of granting compensation read with Schedule appended to the Motor Vehicles Act, 1988 and applying the ratio laid down by the Apex Court in case tilted as Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 and upheld by a larger Bench of the Apex Court in case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120, multiplier applicable is ‘15’. The Tribunal has fallen in error in applying the multiplier of ‘10’. Thus, I deem it proper to apply multiplier ‘15’. Thus, the claimants are entitled to Rs.2,600 X 12 X 15 = 4,68,000/- plus Rs.10,000/- under the head of ‘loss of love, affection and cremation charges etc.’ and Rs.5,000/- under the head of ‘consortium’, as awarded. 6. Viewed thus, the claimants are held entitled to compensation to the tune of Rs.4,83,000/- alongwith interest at the rate of 9% from the date of presentation of the claim petition till its final realization. Respondent No.1 is directed to deposit the enhanced amount in the Registry of this Court within six weeks from today. On deposition of the same, it shall be released in favour of the claimants strictly as per the terms and conditions contained in the impugned award. 7. The impugned award is modified, as indicated above. The appeal stands disposed of alongwith all miscellaneous applications accordingly.