PRAMILLA PURI Vs. RAJINDER SINGH

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor VehiclesAct, 1988 preferred by the claimants, arising out of the Award dated 12.7.1990passed by the Motor Accidents Claims Tribunal, New Delhi.

(2.) The claimants are the dependents of late Shri 0m Parkash Puri, who diedhaving met with an unfortunate accident on 23.2.1984 at about 9 a.m. on account ofrash and negligent driving of buses owned by D.T.C. and the respondent No. 1 anddriven by the respective drivers who are also respondents. The buses were insuredby the respondent No. 5. The deceased was 33 years of age at the time of hisdeath. He was serving as a postal assistant in the office of the Senior Superintendentof Post Offices at a monthly salary of Rs. 1100.00. The Tribunal has assessed thedependency of the appellants at Rs. 800.00 per month and adopted a multiplierarrive at a figure of compensation of Rs. 1,92,000.00, awarded to the appellants. Theappellant No. 1, the widow of the deceased, was already in an employment. Theamount of compensation has been ordered to carry interest calculated at the rateof 12% p.a. from the date of the award till realisation.

(3.) The sole and singular point arising for consideration in the appeal is thefigure of compensation. According to the claimants- appellants the deceasedwould have served upto the age of 58 years and hence the Tribunal should haveadopted a multiplier of 25 i.e. the period for which the deceased could have servedand earned but for the death occasioned by the accident. Reliance has been placedon a Supreme Court decision in Hardeo Kaur v. Rajasthan State Transport Corporation, AIR 1992 S.C.1261 and a single Bench decision of Punjab & Haryana HighCourt in Swaran Kaur v. Saghar Singh, 1993 (2) PLR 297. It has also been submittedthat the awarded compensation should have been directed to carry interest at therate of 15% p.a. in accordance with the decision of the Supreme Court in RukmaniDevi v. 0m Parkash, 1990 ACJ 687 and a Single Bench decision of Punjab &Haryana High Court in Mala Aggarwal v. Jagdish Kumar, 1992 ACJ 123.