LAWS(DLH)-2015-1-162

ASHOK SINGH Vs. RADHE RAMAN

Decided On January 19, 2015
ASHOK SINGH Appellant
V/S
Radhe Raman Respondents

JUDGEMENT

(1.) THE Appellants challenge the impugned the judgment dated 10.09.2114 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.7,41,366/ - was awarded in favour of the Appellants.

(2.) THE only ground of challenge raised in the instant appeal is with regard to the multiplier. The learned counsel for the Appellants relying on the judgment of this Court in Mohd. Hasnain & Ors. v. Jagram Meena & Ors., : 2014 (142) DRJ 303, argues that the multiplier has always been as per the age of the deceased. The age of the claimants is totally irrelevant.

(3.) AS far as the selection of multiplier is concerned, the law is settled that the choice of multiplier is determined by the age of the deceased or that of the claimants whichever is higher. There is a three Judges Bench judgment of the Supreme Court in U.P. State Road Transport Corporation & Ors. v. Trilok Chandra & Ors., : (1996) 4 SCC 362, where the Supreme Court relied on G.M., Kerala SRTC v. Susamma Thomas, : (1994) 2 SCC 176 and reiterated that the choice of the multiplier is determined by the age of the deceased or that of the claimants whichever is more. Para 12 of the report is extracted hereunder: -