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Judgment
Devi Prasad Singh and S.C. Chaurasia, JJ.—Heard Ms. Sumaiya Kidvai holding brief of Shri Anand Mohan on behalf of the Appellant and Shri R.P. Singh learned Counsel for the Respondents and perused the records.
The present appeal has been preferred u/s 173 of the Motor Vehicles Act, 1988 against the impugned award dated 1.3.2008, passed by Motor Accident Claims Tribunal/Additional District Judge Court No. 7 Barabanki.
In brief, one Kumari Shalu aged about 5 years suffered with an accident on 23.4.2006 at about 8.30 a.m. at Gangaganj Road village Chaksaar thana Satrikh, Barabanki with the Truck No. U. P. 50T 5035. The truck was driven rashly and negligently causing the accident in question. In consequence to the accident Kumari Shalu succumbed to injuries on the spot. The parents of the deceased had approached the Tribunal for payment of compensation. In lieu thereof after due trial on recording evidence Tribunal had awarded compensation to the extent of Rs. 1,82,500.
Solitary argument advanced by learned Counsel for the Appellant is that the Tribunal had applied the multiplier of 18 though under the Second Schedule of Motor Vehicles Act the multiplier should be 15.
Learned Counsel for the Appellant has relied upon the Division Bench judgment of this Court in Ram Ji Sahu and Ors. v. U.P.S.R.T.C. and Ors. 2009 (3) ALJ 276.
Shri R.P. Singh learned Counsel appearing on behalf of the claimant Respondent very fairly admits that in view of Division Bench judgment of this Court (supra) the multiplier of 15 should have been applied instead of 18.
Keeping in view the solitary argument advanced by the learned Counsel for the Appellant it appears that in terms of Second Schedule of the Motor Vehicles Act the multiplier of 15 should have been applied. Accordingly, we apply the multiplier of 15 thereof, the total compensation comes to Rs. 1.50,000.
Apart from compensation, the claimant shall also be entitled for Rs. 2,000 funeral expenses and Rs. 2,500 for loss of estate. The total compensation comes to Rs. 1,54,500. Accordingly, claimant seems to be entitled for compensation to the tune of Rs. 1.54.500.
In view of above, we allow the appeal in part and modify the Tribunal''s order holding that the claimant shall be entitled for compensation to the tune of Rs. 1,54,500. Award is modified accordingly.
Amount deposited in this Court shall be remitted to the Tribunal forthwith and rest of the amount shall be deposited by the Appellant before Tribunal within two months. The Tribunal shall disburse the entire amount within four months in terms of award from the date of receipt of a certified copy of this order.