MUNIRATHNAMMA, W/O. LATE LAXMAN Vs. MR. A. SENGOTTAIYAN, NO. 4, K.P. EXTENSION, BANGALORE AND THE IFFO TOKIA GENERAL INSURANCE CO. LTD., CUNNINGHAM ROAD, NEXT TO CHANDRIKA HOTEL, BANGALORE-01

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 13.11.2008 passed by the Motor Accident Claims Tribunal and Additional Judge, Bangalore, in MVC No. 2893/2008. For the death of one Laxman in the road traffic accident in question, the Tribunal has awarded compensation of Rs. 3,56,800/ - to his widow and son. Its break -up is as follows: <FRM>JUDGEMENT_2639_TLKAR0_2011.htm</FRM>

(2.) MY perusal of the appeal memorandum shows that the appellant's grievance is only over the employment of the wrong multiplier.

(3.) THE 1st appellant who has given evidence is an unlettered woman. There is every likelihood that she has stated her age approximately or incorrectly. The ends of justice require that the age of the deceased has to be ascertained from the documents which have come into existence at an undisputed point of time. In the ration card issued on 19.05.2003, the deceased's age is shown as 45 years. Going by the age shown in the ration card, it is safe to hold that he would be around 50 years of age in 2008. In the election identity card, his age is shown as 38 years as on 01.01.1995. In 2008, he would be 51 years. In the mahazar at Ex.P8, the deceased's age is shown as 50 years. In the postmortem report at Ex.P9 also, his age is shown as 50 years. Based on these documents, I deem it safe to infer and hold that his age was 50 years at the time of the accident in 2008. The relevant multiplier for the age group 46 -50 is '13'. Taking the deceased's income as Rs. 3,600/ - per month, deducting Rs. 1,200/ - towards his personal expenses, as has been shown by the Tribunal and employing the multiplier '13', the amount awardable towards the loss of dependency are reworked as follows: Rs. 2,400 x 12 x 13 = Rs. 3,74,400/ -