R MANNAKATTI Vs. M SUBRAMANIAN

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard the counsel for the parties.

(3.) In this appeal by special leave the appellants are the parents of the deceased, who died in an accident which took place on 4.9.1998. A claim petition was filed under section 166 (1) of the Motor Vehicles act, 1988 before the Claims Tribunal in which a sum of Rs. 5,00,000 was claimed by way of compensation. The Tribunal by its order of 30. 3.2001 held that accident occurred due to negligence of driver of the vehicle owned by respondent No. 1 and, therefore, respondent No. 2, namely, the insurance company was liable to pay the compensation. On the basis that the monthly income of the deceased was Rs. 2,500, after deducting 1/3rd of the annual income towards expenses of the deceased and applying the multiple of 17, the Tribunal awarded Rs. 3,40,000 by way of compensation and a sum of Rs. 12,000 towards funeral expenses, etc. The Claims Tribunal also awarded interest at the rate of 9 per cent. An appeal was preferred before the high Court by the owner as well as the insurer, namely, United India Insurance co. Ltd. The said appeal was entertained by the High Court and was ultimately partly allowed by its judgment and order of 19.2.2003. The High Court reduced the compensation awarded to the appellants considering the fact that the multiplier applied by the Tribunal was not justified. Instead of 17 it applied the multiple of 11. For reducing the multiplier, the High Court considered the age of the mother which was found to be 53.