MANOHAR LAL AHUJA Vs. MOHD ALLAM KHAN

JUDGEMENT

(1.) THESE three Appeals arise out of the judgment dated 09.12.2002 passed by the Motor Accident Claims Tribunal, (the Claims Tribunal) whereby while awarding the compensation of Rs. 1,23,000/- along with interest @ 9% per annum, in favour of the Claimants (Appellants in FAO 328/2003) to be paid by the Oriental Insurance Company Limited (Appellant in FAO 110/2003) granted recovery rights against the owner Gurmeet Singh (the Appellant in MAC APP.759/2011).

(2.) FIRST of all, I shall take up the Appeal filed by the Claimants i.e. FAO 328/2003 filed for enhancement of the compensation. It was proved on record that the deceased was getting a salary of Rs. 1800/- per month. The Tribunal deducted 2/3 towards the personal and living expenses of the deceased and applied the multiplier of '15' as per the age of the second Appellant. (Smt. Krishna Ahuja), the deceased's mother.

(3.) THE Appellants must succeed on both counts. But, it must be noticed that the deceased's mother was aged about 45 years and thus, the appropriate multiplier was '14' instead of '15' as applied by the Tribunal.