SURMDER KAUR Vs. DHARAM VIR

JUDGEMENT

(1.) By the award dated 18/01/1991 theMotor Accident Claims Tribunal, New Delhi, awarded a compensation in thesum of Rs. UO.OOO.00 less Rs. 15.000.00paid under Section 92-A of the MotorVehicles Act) i.e. Rs. 1,65,000.00 alongwith costs and interest at the rate of 9%p.a. from the date of filing of the petition till the date of the award in favourof the appellants and against the respondents. The appellants aggreived bythe quantum of compensation have filed this appeal.

(2.) The age of the deceased at the time his death was about 45 years.The annual dependency of contribution to the family of the deceased hasbeen held in the impugned order to Rs. 12,000.00. The learned Tribunal hasapplied the multiplier of 15 years arid thus the total amount of compensationhas been worked out to Rs. 1,80,000.00. The rate of interest awarded in theimpugned award is 9/o p.a.

(3.) The learned Counsel for the appellants has raised two contentions. Firstly, it is contended that/considering the state or health of thedeceased and the average expectency of life the multiplier of 25 years shouldhave been applied.j The second contention is that interest at the rate of18% p.a. instead of 9% p.a. ought to have been allowed. Learned Counselfor the appellants has reiled upon the decision of a Division Bench of thisCourt in Surinder Kumar and Another v. Jatinder Kaur and Others, 1992A.C.J. 583 upholding the multiplier of 40 years where the deceased was agedabout 30 years on the date of accident. Reliance has also been placed oncertain decisions awarding higher rate of interest. On the other land,learned Counsel for the respondents relies upon Smt. Rajendra Kumari and Another v. Smt. Shanta Trivedi and Others, AIR 1989 SC 1074 taking thenormal span of life to be 60 years and granting interest at the rate of 12%p.a. In such matters there are no hard and fast rules. Each case dependsupon its own facts. Having heard learned Counsel for the parties as alsokeeping in view the age of the deceased at the time of his death being 45years, the multiplier of 20 years would be just, reasonable and proper.Applying the said multiplier the appellants would be entitled to the amountof compensation of Rs. 2,40,000.00. After deducting the amount of Rs.15,000.00already paid to the appellants as interim compensation the net amount ofcompensation payable to the appellants would work out to be Rs. 2,25,000.00instead of Rs. 1,65,000.00 as awarded in the impugned award. The interest atthe rate of 12% p.a. would be just, reasonable and proper instead of 9%p.a. granted to the appellants under the impugned award.