CHELLAMMAL Vs. KAILASAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Motor Accidents Claims Tribunal (for short 'the Tribunal') awarded compensation of Rs. 8,08,704 in respect of deceased father by applying the multiplier as 24 and awarded a sum of Rs. 1,50,000 for the son of deceased. The High Court, on appeal, reduced the compensation for the father awarded by the Claims Tribunal to Rs. 4,91,600 by applying multiplier of 12 and so far as the son is concerned the compensation was reduced to Rs. 50,000.

(3.) So far as the compensation awarded for the son is concerned, learned counsel appearing on behalf of the appellants is not in a position to assail the same. He, however, assailed the reduction of compensation so far as the father is concerned. It has been submitted that indisputably age of the deceased at the time of his death was 41 years. High Court determined annual loss of dependency to be Rs. 39,300, but it has applied 12 to be the multiplier and there by fixed the compensation at Rs. 4,71,600 and that apart Rs. 20,000 has been added towards the loss of companionship. As the age of the deceased at the time of his death was 41 years, according to the Second schedule appended to the Motor Vehicles act, 1988, the multiplier that could have been applied was 15 and not 12. Accordingly, we direct that the claimant shall be entitled to compensation, viz. , Rs. 39,300 x 15 = Rs. 5,89,500 and that apart she will be entitled to a sum of Rs. 20,000 towards loss of companionship. Total compensation on account of deceased father is thus fixed at Rs. 6,09,500 upon which interest will be paid at the rate of 12 per cent per annum from the date of the petition till realisation.