Suman and Others vs Ishwar Singh and Others

Rajan Gupta, J.—Dissatisfied with the quantum of compensation granted by the tribunal, claimants have preferred instant appeal before this court. Learned counsel for the appellants submits that the deceased was 22 years of age at the time of his death. Tribunal has, however, applied multiplier of 16 which is on the lower side. According to him, in view of judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , appropriate multiplier would have been 18.

Learned counsel appearing for the insurance company submits that adequate compensation has been granted by the tribunal after taking into account facts and circumstances of the case.

I have heard learned counsel for the parties and given careful thought to the facts of the case. It appears that an accident took place on 21.9.2009 in which one Sandeep died. Claim petition was preferred by his legal heirs before the Tribunal. After the court came to the conclusion that offending vehicle was being driven in rash and negligent manner, it awarded compensation to the tune of Rs. 5,76,000/-. Taking the monthly income of the deceased as Rs. 4500/- and dependency as Rs. 3000/-, multiplier of 16 was applied. However, I am inclined to accept the plea of the appellants that in view of judgment in Sarla Verma''s case (supra) appropriate multiplier would be 18. Computed in this manner, learned counsel agree that compensation would come to Rs. 6,48,000/-. Appeal is allowed in these terms. Award of the Tribunal is modified to this extent. Rest of the award is maintained as such. Awarded amount be disbursed in the same proportion and same manner as done by the Tribunal.