Jarnail Kaur and Others vs Jaspal Singh and Others

Amarjeet Chaudhary, J.—This order will dispose of FAO No. 229 of 1985 filed by the appellants-claimants against the award of the Motor Accident Claims, Tribunal, Patiala, hereinafter referred to as the ''Tribunal'', who, on a claim petition u/s 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 38,400/- alongwith interest @ 9% P.A. from the date of the claim application and Cross-Objection No. 3-CII of 1986 filed by the driver and owner of the offending vehicle No. PUT 2939.

Aggrieved against the said award, the appellants-claimants have preferred this appeal for enhancement of the compensation, whereas in the cross-objection, the objectors have prayed for setting aside the impugned award and dismissal of the claim petition.

The challenge to the said award is on the ground that the deceased was 21 years old at the time of his death. As such a multiplier of 20 should have been applied by the Tribunal. The other plea raised by the Counsel for the appellants is with regard to the rate of interest. According to the Counsel the Tribunal should have allowed 12% interest on the amount of the compensation.

I have perused the paper book.

The Tribunal had held that the deceased being an able bodied person was in a position to earn Rs. 300/- per month. The Tribunal had fixed this monthly income in view of the fact that the deceased prior to his death was employed in a Distillery from where he was drawing Rs. 300/- per month. I am of the view that the deceased was 21 years old at the time of his death and had a long life to live. The Tribunal should have applied a multiplier of 20 in the instant case. The Tribunal had rightly assessed the monthly income of the deceased and the claimants'' annual dependency at Rs. 2400/- after deduction of 1/3rd income i.e. Rs. 1200/- the personal expenditure of the deceased. Taking into consideration the annual dependency of the claimants i.e. Rs. 2400/- and by applying a multiplier of 20, the amount of compensation payable to the claimants comes to Rs. 48,000/-.

Accordingly, the appeal is allowed and the claimants-appellants are awarded Rs. 48,000/- as compensation with 12% interest from the date of claim petition. Out of this compensation, a sum of Rs. 38,400/- already awarded as compensation by the Tribunal shall be adjusted. Cross Objections No. 3-CII of 1986 filed by the driver and the owner of the Tanker is dismissed. No order as to costs.