Shanti Devi and Others vs Sukhdev Raj and Others

Amarjeet Chaudhary, J.—This judgment will dispose of F.A.O No. 78 of 1985 and Cross Objections No. 39-CII of 1985, as these arise out of one and the same award of Motor Accident Claims Tribunal, Karnal.

Shanti Devi alongwith her minor daughters filed claim petition u/s 110-A of the Motor Vehicles Act Claiming rupees two lacs compensation on account of the death of Krishan Lal, husband of Shanti Devi which occurred in a vehicular accident with truck H P.K. 5893 driven by Din chand respondent respondent rashly and negligently- The Motor Accident Claims Tribunal, Karnal (for short the Tribunal) awarded compensation of Rs. 97,680/- to the claimant with 12% interest from the date of claim petition. Aggrieved against the same, the claimants have filed the instant appeal. Sukhdev Raj respondent has filed cross objections No. 39-CII of 1985 against the aforesaid award of the Tribunal.

The challenge to the award by the claimants is that proper multiplier in the case has not been applied and adequate compensation has not been awarded

In this case, the death of Krishan Lal in a vehicular accident is not in dispute. The deceased was 40 years at the time of death. Taking into consideration the life span in this region to be 70 years, having regard to the age of the deceased, a multiplier of 16 applied for all the claimants by taking the annual dependency Rs. 660/-. The total amount of compensation will come to Rs. 1,25,120/-. The claimants are held entitled to this amount along with 12% interest from the date of the claim petition till its realization. Out of this amount of Rs. 1,25,120/-, a sum equal to 75% will be equally shared by Shanti Devi and her daughter Manju while the rest of the amount will go to Miss Ranju claimant.

The appeal stands allowed to the extent indicated above.

The Cross-objections consequently fail and are dismissed.

No order as to costs.