JYOTI KAUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The short question which arises for our consideration is whether the High Court is right in reducing the multiplier from 15 to 10 in computing the compensation payable to the claimants on the ground of death of one Mr. Anar Kishan Kaul So far other points decided by the High Court neither we find any error in it nor serious contended which require any interference by us.

(2.) The brief facts are that the aforesaid Mr. Kaul was an Executive Engineer in the Department of Irrigation and was the husband of the appellant No. 1 and father of appellant Nos. 2 and 3, who died in a road accident while on Government Duty, travelling in an Official Government Vehicle. The Motor Accident Claims Tribunal awarded compensation to the claimants to the tune of Rs. 3,65,400/- by applying the multiplier of 15. The High Court reduced both the multiplier and the rate of interest. The multiplier is reduced from 15 to 10 and rate of interest from 15 to 12 per cent per annum.

(3.) The Tribunal records that on the date of death, the said Amar Kishan Kaul was of 50 years and was in good health. Referring to his family history on longevity it further records, father expired at the age of 75 years, who also died in a road accident and his grandfather died at the age of 88 years. The mother of the deceased was still alive at the time of his death and her age then was 82 years. In view of the background the Tribunal records, had he not died he would have lived up to the age of 75 years. Taking to consideration his chances of promotion, his increments and what he would have received after retirement the computation was done, on these facts coupled with the decision in Kusum Lata Trivedi v. State of M. P., 1992 ACC 686, the tribunal applied the multiper of 15.