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2015 DIGILAW 1360 (PNJ)

Amar Singh v. Surinderpal Singh

2015-07-30

SHEKHER DHAWAN

body2015
JUDGMENT Mr. Shekher Dhawan, J.: (Oral) - Prayer has been made in appeal for enhancement of compensation mainly on the ground that the Motor Accident Claims Tribunal, Fatehgarh Sahib, (hereinafter to be referred as “The Tribunal”), awarded compensation of Rs. 1,22,000/- on account of death of Sadhu Singh, who died at the age of 50. 2. Learned counsel for appellants prays that ‘The Tribunal’ erroneously applied the multiplier of ‘5’, whereas it should be ‘13’ at the age of 50 years. So, compensation be enhanced suitably. 3. Accordingly, learned counsel for respondent No.3 took the plea that compensation has already been awarded keeping in view the age and earnings of the deceased. So, appeal be dismissed. 4. Having considered the rival submissions made by learned counsel for both the parties and there being no dispute of other facts, except applying the multiplier while calculating the amount of compensation. As per law laid down by Hon’ble Supreme Court in case Sarla Verma and others Vs. Delhi Transport Corporation and another, [2009(3) Law Herald (SC) 2107] : 2009(3) RCR (Civil) 77, multiplier was to be applied as ‘13’ at the age of 50 years and accordingly, multiplier of ‘13’ in this case is being applied and amount of compensation is re-assessed as under:- Monthly income Rs. 2000 Annual income Rs. 2000 x 12 Rs. 24000/- 1/3rd self dependency Rs. 24000 - 8000 Rs. 16000/- After applying multiplier of 13 Rs. 16000 x 13 Rs. 2,08,000/- Loss on account of funeral expenses Rs. 25,000 Rs. 2,33,000/- Total compensation amount Rs. 2,33,000 Already awarded amount by the Tribunal Rs. 1,22,000 Enhanced amount Rs. 2,33,000 - Rs. 1,22,000 Rs. 1,11,000/- 5. The enhanced amount of compensation of Rs. 1,11,000/- shall be payable from the date of claim petition along with interest at the rate of 7.5% per annum. 6. Accordingly, the appeal is partly accepted. —————————