BIMLA GUPTA Vs. ESS GEE TRANSPORT P LTD

JUDGEMENT

(1.) BY way of this appeal, the appellants seek enhancement of the award of compensation dated 22.11.1999 passed in Suit No. 349/1981 by the Motor Accident Claims Tribunal, whereunder the appellants were held entitled to an amount of Rs. 1,79,712/-, alongwith interest thereon, against the respondents no. 1, 2 and 6 for the untimely demise of Shri Daya Kishan Gupta (hereinafter referred to as "the deceased") in a motor vehicular accident, which took place on 27.01.1981.

(2.) THE undisputed facts in the present case are that the deceased aged 37 years was working as an Assistant Engineer in the Flood Control and Drainage Department of Delhi Administration, drawing a salary of Rs. 1152.80 per month besides other benefits on the date of the accident. THE Claims Tribunal, after considering the salary records of the deceased and referring to the decisions of the Supreme Court in the cases of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, 1994 ACJ 1 and Smt. Sarla Dixit and Another Vs. Balwant Yadav and others 1996 AD-III SC 13, added 50% of the salary of the deceased to his income on the date of the accident towards future prospects and deducted one-third of the resultant income of the deceased towards his personal and living expenses to arrive at a sum of Rs. 1152/- as the monthly loss of dependency of the claimants or Rs. 13,824/- as the annual loss of dependency. To the aforesaid multiplicand, the Tribunal applied the multiplier of 13, thereby calculating the compensation for loss of dependency awardable to the appellants to be in the sum of Rs. 1,79,712/- alongwith interest at the rate of 12% per annum from the date of filing of the petition till the realization of the award.

(3.) AS regards the multiplier adopted by the Claims Tribunal, it is submitted by the learned counsel for the appellants that the deceased was 37 years of age at the time of the accident and for the age group of victims between 36 years and 40 years of age, the appropriate multiplier in consonance with the judgment of the Supreme Court rendered in the case of Smt. Sarla Verma (supra) is the multiplier of 15. The said submission, in my opinion, is justified and the multiplier deserves to be enhanced from 13 to 15.