Smt. Kiran Sood and Others vs Mohan Lal and Others

Amar Dutt, J.—Kiran Sood and her minor children have filed the present appeal for seeking enhancement in the compensation awarded by the Motor Accident Claims Tribunal, Hoshiarpur on 10.9.1996.

The appellants had sought compensation on account of the death of Arvind Sood, husband of appellant No. 1 who had lost his life in an accident involving Maruti van No. DNH 0218 which was being driven by him and truck bearing Registration No. HIK 5337, which was being driven by Mohan Lai in a rash and negligent manner near Government High School, Chohal when the deceased was coming from Chint Purni. The deceased had tried to take the van to the extreme left side of the road but the truck had after coming on to the wrong side struck the van. The claim petition was contested by respondent on various grounds which included an averment to the effect that as per report made to the police, the accident had taken place not on account of the rash and negligent driving of the truck driver but on account of the negligence of the driver of the van. From the pleadings of the parties, the following issues were framed:

(1) Whether the death of Arvind Sood deceased was caused in the accident due to the rash and negligent driving of truck No. HIK 5337 by its driver Mohan Lal, respondent No. 1? QPA

(2) To what amount, if any, claimants are entitled to recover as compensation for the death of the deceased? OPA

(3) Whether the respondent-driver was not holding a driving licence at the time of accident? OPR-3

(4) Relief.

The parties had led evidence. The Tribunal decided issue No. 1 in favour of the claimants. Issue No. 3 was decided against the Insurance Company. While disposing of issue No. 2 the Tribunal had awarded a sum of Rs. 7,00,000/- as compensation on account of the death of Arvind Sood. Dissatisfied with the amount of compensation awarded, heirs of Arvind Sood have come up in appeal.

The short point on which enhancement of compensation is sought is that after having held that the monthly income of the deceased comes to Rs. 11,470/- and his personal expenditure to about Rs. 4,000/-, the Tribunal had come to the conclusion that monthly loss of dependency would work out to Rs. 7,500/- which has not been challenged before me, and it would bring the annual dependency to Rs. 90,000/-. Thereafter, the Tribunal had erred in applying multiplier of seven only inspite of the fact that the deceased was only 45 years old. In the facts and circumstances of the case, the multiplier of at least 12 should have been applied to work out the compensation payable to the appellants and, therefore, the appeal should be accepted and the compensation suitably enhanced.

On behalf of respondents, it was submitted that the Tribunal had worked out the compensation by rightly applying the multiplier of seven in view of the law laid down in U.P. State Road Transport Corporation and Others Vs. Trilok Chandra and Others, , and therefore, the view taken by the Tribunal does not call for any interference and the appeal being devoid of merit should be dismissed.

I have heard the respective submissions made by the learned Counsel for the parties.

A perusal of the Trilok Chandra''s case (supra), shows that the Apex Court had in that judgment emphasised the fact that the "multiplier in any given case cannot exceed 18 years purchase factor". This according to their Lordships was important on the basis of what was settled in Janta Travels Pvt. Ltd. Vs. Punjab Chemi-plants Ltd., . While coming to this conclusion, the Apex Court had also noticed the fact that in view of the 2nd Schedule of the Motor Vehicles Act, the compensation for third party fatal accident/injuries claim can be worked out according to the table provided therein by observing that the table has to be rationalised taking into consideration various aspects of the particular case especially the dependency of the heirs and of the selection of the multiplier; in all cases be made solely dependent upon the age of the deceased.

In the case in hand, however, Arvind Sood died at the age of 45 years leaving behind his wife and minor children. In these circumstances, the multiplier of seven chosen by the Tribunal does appear to be on the lower side. Taking into consideration the totality of the circumstances, I feel that the multiplier should be enhanced by three and thereby increased to ten. This would bring the total compensation to Rs. 9,00,000/- in addition to Rs. 70,000/- awarded for medical bills and transporting etc.

Respondent Nos. 1 to 3 a re jointly and severally liable for the payment of the enhanced amount. The share of the minor claimants be deposited in a nationalised Bank as ordered by the Tribunal.