Kirandeep Kaur and Others vs Jasbir Singh and Others

Vijender Singh Malik, J.—This is an appeal brought by the claimants for enhancement of compensation. The claimants claim themselves to be the dependents of Malkit Singh who died in a roadside accident that took place on 7.3.2008. The Motor Accidents Claims Tribunal, Fatehgarh Sahib (for short, "the Tribunal") vide award dated 3.9.2010 awarded a sum of Rs. 1,87,000/- as compensation to the claimants out of which a sum of Rs. 25,000/- each was to go to the share of the appellants and the remaining amount was to go to the share of the widow of the deceased. Since the appeal involves examination of the question as to whether the appellants are entitled to enhancement of compensation, there is no need to notice the facts in detail. It has been claimed by the claimants that Malkit Singh died at the age of 58 years and he was working as Inspector with government and was getting Rs. 25,000/- per month as salary. These facts are denied by the respondents.

Framing issues and taking evidence of the parties, learned Tribunal assessed a sum of Rs. 1,87,000/- as compensation payable on the death of Malkit Singh in the aforesaid accident.

Learned counsel for the appellants has submitted that his only dispute is with the multiplier selected in this case. According to him, the multiplier selected by the Tribunal for assessing compensation is 6, whereas, it should have been 8 as per the decision of Hon''ble Supreme Court of India in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .

Learned counsel for respondent No. 3 has also admitted that multiplier to assess compensation in this case, as per the decision in Smt. Sarla Verma''s case [supra] is 8. He has no objection if the calculation is made taking the multiplier as 8 instead of 6.

In these circumstances, the annual dependency of the claimants having been taken at Rs. 30,000/-, the multiplier of 8 is to be adopted in this case and multiplying the annual dependency with 8, the amount that is lost by the claimants in the death of Malkit Singh comes to Rs. 2,40,000/-. Adding to it a sum of Rs. 10,000/- towards loss of estate, loss of consortium and other expenses, I assess the same to Rs. 2,50,000/- as compensation payable to the claimants. Consequently, the appeal is allowed enhancing the compensation from Rs. 1,87,000/- to Rs. 2,50,000/-. Out of the enhanced amount of compensation, which will be payable with interest at the rate of 6% per annum, as allowed by the Tribunal, the appellants shall be entitled to Rs. 10,000/- each while the remaining amount shall go to the widow of the deceased.