Sarla Rani and Others vs Rajbir and Others

Amarjeet Chaudhary, J.—This appeal is directed against the award of the Motor Accidents Claims Tribunal, Sonipat, who, on a claim petition under Sections 166/140 of the Motor Vehicles Act, had awarded Rs. 1,34,400/- as compensation to the claimants on account of the death of Om Parkash, who was the husband of appellant No. 1, Sarla Rani and father of Chanchal and Chetan Kumar, minor children.

Aggrieved against the award of the Tribunal, the appellants have preferred this appeal.

The challenge to the said award is primarily on the ground that a proper multiplier has not been applied and the prayer of the appellants is that out of the amount of compensation, i.e., Rs. 80,000 falling to the share of Sarla Rani, appellant No. 1, who is the widow of the deceased, some amount is required to be paid in cash to her to cater the family needs.

I have gone through the paperbook and considered the matter.

In this case the dispute is with regard to the application of the multiplier. Admittedly, the deceased was 35 years of age at the time of his death. The Tribunal had applied a multiplier of 16. The Tribunal by assessing the annual dependency of the claimants-appellants at Rs. 8,400/- and by applying a multiplier of 16 had awarded a sum of Rs. 1,34,400/- as compensation. I am of the view that the approach of the Tribunal with regard to the application of multiplier was not feasible. It is a fit case in which a higher multiplier should have been applied in view of the young age of the deceased. In my view, multiplier of 20, which would be just and reasonable, should be applied. By applying a multiplier of 20, the net amount to which now the claimants would be entitled comes to Rs. 1,68,000/- along with 12 per cent interest from the date of the claim petition. Out of the enhanced compensation, Rs. 10,000/- each shall be deposited in the FDRs of minor appellant Nos. 2 and 3, whereas the interest amount of enhanced compensation, i.e., Rs. 13,600/- shall be paid in cash to Sarla Rani, appellant No. 1. The minor appellant Nos. 2 and 3 shall be entitled to withdraw the amount of their shares on attaining the age of their majority. It is also made clear that out of Rs. 80,000/- which already stands deposited in the name of Sarla Rani, appellant No. 1, she will be entitled to withdraw Rs. 20,000/- to cater the household requirements.

Consequently, the F.A.O. is allowed to the extent indicated above. No order as to costs.