Avanti Bai and Others vs Hiralal and Others

For the death of 50 years old milk vendor who died in a motor accident, the Tribunal below has awarded Rs. 1,45,000/- as compensation. This amount also included the treatment expenses which the deceased received for about seven days before his death.

The amount awarded by the Tribunal is clearly on the lower side. The dependency has been computed at Rs. 15,600/- which in our opinion ought to be Rs. 16,000/- per annum. Tribunal has applied multiplier of 8 only which again is on lower side and should have been 13. On applying this multiplier, the amount of compensation on this count comes to Rs. 2,08,000/-. To this, a further sum of Rs. 17,000/- need to be added under various other heads such as loss of consortium, loss of love and affection, loss of estate, medical and funeral expenses. Thus, the proper amount of compensation in the instant case comes to Rs. 2,25,000/- (Rupees two lakhs twenty-five thousand) which the respondents are liable to pay jointly and severally to the appellants.

Accordingly, this appeal is allowed in part and the amount of compensation is raised to Rs. 2,25,000/-. This amount shall also carry interest @ 9% per annum from the date of claim petition until payment. The respondents shall also bear appellants cost of this appeal besides their own. Counsel fee Rs. 1,000/- if certified.