Smt. Santosh Devi & Others vs Vijay Pal Singh & Others

This is the appeal for enhancement of the award preferred by the dependants/LRs after getting the compensation to the tune of Rs. 3,67,012/- as granted by the learned Tribunal vide judgment and order dated 19.4.2014.

The accident occurred on 12.5.2010 at 2:00 PM at Kashipur-Jaspur Road, where a bicycle borne a man Amar Singh, aged 34 years, was dashed by a Maruti Car- No. UA06E-9985. He was shifted to the Jeevan Rekha City Hospital at Kashipur, where he breathed his last in the intervening night of 12/13.5.2010. The accident and insurance cover of the offending vehicle has not been disputed, so the Insurance Company has satisfied the award as granted by the Learned Tribunal. But, feeling disgruntled, the LRs have come up before this Court in this appeal.

It has been submitted by the learned counsel on behalf of the appellant that although the age of the deceased was 34 years as disclosed in the petition, but such age has been taken to be 43 years by the learned Tribunal for applying the multiplier on its own assumptions, with the result the multiplier has gone to a

lower denomination than what has been envisaged under the Sarla Verma Case. I have perused the impugned judgment wherein such fact has been discussed by the learned Tribunal in para-21 of its verdict. The learned Judge of the Court below has considered that mere oral disclosure regarding the age of the deceased is not sufficient. They should have produced some reliable documentary evidence like Ration Card or other similar documents in this regard. Although, I do agree with the findings of the learned Tribunal on such score, but at the same time feel that multiplier could have been applied of a little more denomination because even if the age of his eldest son is accepted to be 16 years then also a father of 25 years can be assumed capable of producing the child. So, this way the age of the deceased should be evaluated something above 40 years.

On these assumptions, the multiplier of 14 would have been applied instead of 12. Therefore, if such multiplier is applied then the compensation comes to 24,000 X 14 = 3,36,000/- and compensation on any other scores like consortium, loss of love and affection, cremation and loss of estate are not disturbed by this Court. So, this way the total compensation comes to Rs. 4,01,000/-. The appeal thus allowed. The amount of compensation shall stand modified as above and the difference shall be payable with the interest of 6% per annum since the date of institution.

Lower court records be sent back.