Sadda Kaur and Others vs Kala alias Darshan Lal and Others

Amarjeet Chaudhary, J.—The Motor Accident Claims Tribunal, Ferozepur vide its award dated 20.10.1984 on a claim petition filed by the claimants u/s 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 1,20,000/- as compensation with 6% interest from the date of the order which was to be shared by them proportionately.

Aggrieved against the award the claimants have preferred this appeal praying for enhancement of the compensation.

Joginder Singh aged 45 years died in a road accident on 4.8.1983. The claimants are the mother, the widow, three sons and two daughters. The deceased was an agriculturist. The evidence is that his income was about 40,000/-per year. The Motor Accident Claims Tribunal, (hereinafter referred to as the tribunal) calculated the annual income of the deceased at Rs.16,000/-. After deducting l/3rd amount as personal expenses, the annual dependency of the claimants was assessed, the annual dependency of the claimants was assessed at, Rs.12,000/- and by applying a multiplier of 10, the Tribunal had awarded a sum of Rs. 1,20,000/- as compensation.

The challenge to the award is that the Tribunal erred in calculating the income of the deceased and in holding that the deceased was 60 years of age at the time of his death. The Counsel further contends that a suitable multiplier has not been applied and proper rate of interest has not been awarded.

On the other hand, the respondents have defended the award given by the Tribunal.

I have considered the submissions of the Counsel for the parties and pursued the case file.

On consideration of the matter, I am of the view that in the instant case the Tribunal had wrongly calculated the dependency of the claimants. It has come in evidence that the deceased was an owner of 18 acres of land. As per statement of Joginder Kaur, widow of Joginder Singh, the deceased used to earn Rs.40,000/- annually from the land. This income seems to be exaggerated. I am of the view that income from the land would be about Rs. 21,000/- per year, out of which 1/3rd amount the deceased must have been spending on himself and the rest 2/3 amount i.e. 14,000/- on his family.

In the case in hand, there is positive evidence on record that the deceased was 45 to 50 years of age at the time of his death. Taking into consideration the age of the deceased it is a fit case in which a multiplier of 13 should be applied. Taking into consideration the annual dependency of the claimants i.e. Rs.14,000/- as assessed by this Court, and by applying a multiplier of 13, the amount of compensation to which the claimants would be entitled, comes to Rs.1,82,000/- They shall also be entitled to interest at the rate of 12% pun. from the date of the claim petition. The liability of the Insurance Company will be limited to Rs.1,50,000/-. The compensation beyond that amount shall be recovered from driver and owner of the truck in question. Out of the compensation, awarded by this Court, a sum of Rs. 1,20,000/- already awarded by the Tribunal, is to be adjusted.

The appeal is accordingly allowed to the extent indicated above. No order as to costs.