Manohar Lal and Another vs Deepak Sharma and Others

G. P. Mittal, J.

CM. APPL. No. 12370/2012

There is a delay of 15 days in refiling the Appeal. For the reasons stated in the Application the delay is condoned The Application stands disposed of.

MAC.APP. 772/2012

The Appellants (the Claimants before the Motor Accident Claims Tribunal (the Claims Tribunal) seek enhancement of compensation of Rs. 16,83,000/- awarded for the death of Gaurav Gaur who died in a motor vehicle accident which occurred on 14.01.2010. The Claims Tribunal accepted the deceased''s income to be Rs. 14,000/- per month (as claimed), added 50% towards future prospects, deducted 50% towards personal and living expenses in the case of a bachelor (per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, applied a multiplier of 13 (as per the age of deceased''s mother) and to compute the loss of dependency as Rs. 16,38,000/-. On adding notional sum of Rs. 45,000/- towards non-pecuniary damages, an overall compensation of Rs. 16,83,000/- was awarded.

The multiplier of ''15'' is in consonance with the three Judge Bench decision of the Supreme Court in U.P. State Road Transport Corporation and Others Vs. Trilok Chandra and Others, . The multiplier has to be applied as per the age of the deceased or the Claimant, whichever is higher because if the age of the Claimants is higher, the dependency would come to an end early and if the age of the deceased is higher, then the deceased can take care of the dependency of the Claimants till he himself survives. In view of the authoritative pronouncement of three Judges Bench in Trilok Chandara(supra), it cannot be said that the Claims Tribunal erred in applying the multiplier as per the age of the Claimants.

Similarly, with regard to the deduction towards personal and living expenses, the Supreme Court dealt with in detail in Sarla Verma the purpose of 50% deduction towards personal and living expenses in case of a bachelor. Sarla Verma was followed in Arun Kumar Agrawal and Another Vs. National Insurance Company and Others, and Shakti Devi Vs. New India Insurance Co. Ltd. and Another,

The award of compensation of Rs. 16,83,000/- is in consonance with the principles laid down by the Supreme Court. The impugned judgment does not call for any interference.

The Appeal is devoid of any merit; the same is accordingly dismissed in limine. Pending Applications stand disposed of.