Smt. Sheelo Devi and others vs Satish Kumar and others

Nawab Singh, J.—In this appeal filed by the claimants against the Award dated July 31st, 2009 passed by the Motor Accident Claims Tribunal (Fast Track Court) (for short "the Tribunal"), Kurukshetra question falling for decision by this Court is whether the amount awarded as compensation was adequate having regard to the age and income of Ram Chander (deceased). The allegations in the claim application filed u/s 166 of the Motor Vehicle Act briefly were that on January 23rd, 2008 Ram Chander was on the steering wheel of jeep No. HR-37-A-6758 from Kaithal to Dhand. Azan Ram, Joginder, Fakir Chand, Madan and Puran Chand etc. were also travelling in the same jeep. The jeep was being driven at a normal speed and on the correct left hand side of the road. When they reached in the area of village Khanoda, a bus No. HR-64-0169 belonging to Haryana Roadways Kaithal Depot came from the opposite side driven by Satish Kumar-respondent No. 1. The bus was being driven at a fast and in rash and negligent manner by Satish Kumar and it struck against the jeep. Four occupants of the jeep including Ram Chander died on the spot.

Sheelo Devi widow, Renu minor daughter, Kamal Devi mother and Gulab Singh father of the deceased filed claim application. It was pleaded that Ram Chander was aged 27 years. He owned the jeep and was its driver and was earning Rs. 7000/- per month. His widow, minor daughter and parents were dependent on his income and they claimed a total compensation of Rs. 15 lacs from the driver, owner and the insurer of the offending bus.

The Tribunal, on the basis of driving licence of the deceased (Exhibit P-6) held that Ram Chander was 28 years old at the time of his death. Holding his income at Rs. 5000/- per month being a driver by occupation, deducted 1/3rd for his personal living expenses, held the yearly dependency at Rs. 40,000/- and applied the multiplier of 16 and assessed the compensation at Rs. 6,40,000/- . An amount of Rs. 10,000/- was also awarded for transportation of the dead body, funeral expenses etc. and as such compensation of Rs. 6,50,000/- along with interest at the rate of 7.5% per annum from the date of filing claim application till the realization was awarded to the claimants.

Learned counsel for the appellants has contended that the Tribunal has used the multiplier of 16 even though the age of the deceased has been determined to be 28 years. This Court finds that the Tribunal erred by applying the multiplier of 16. However, considering the age of the victim, the multiplier of 17 should be applied in view of the judgment of the Hon''ble Supreme Court rendered in Smt. Sarla Verma and others vs. Delhi Transport corporation and another AIR 2009 SC 3140.

If the multiplier of 17 is applied then the amount comes to Rs. 6,80,000/- apart from the amount of funeral expenses and transportation awarded by the Tribunal. Taking all this together the amount comes to Rs. 6,90,000/- . Thus, the appellants are held entitled to compensation of Rs. 6,90,000/- , that is, Rs. 40,000/- over and above the amount awarded by the Tribunal. The interest on the enhanced amount shall be payable by the insurance company at the same rate of interest as awarded by the Tribunal from the date of filing of the claim application till the date the amount was deposited (under the impugned Award) by the insurance company. The appeal is accepted to the aforesaid effect.