KIDI DEVI Vs. MANDEEP MALHOTRA @ MONU

JUDGEMENT

(1.) Khushal Singh Negi suffered death in a motor vehicular accident that occurred on 28.01.2006 due to negligent driving of a motor vehicle bearing registration no.DL-9CD-5664, admittedly insured against third party risk with the third respondent (insurer). The appellants, being the wife and children of the deceased, instituted claim case (suit no.271/2006) which was decided by the tribunal by judgment dated 15.12.2008 whereby compensation in the total sum of Rs. 4,79,520/- was awarded in their favour with interest at the rate of 7.5%, the liability having been fastened on the third respondent. The claimants are in appeal seeking enhancement of the compensation.

(2.) The grievance urged concerns the non-pecuniary damages awarded in the composite sum of Rs. 20,000/- towards funeral expenses and loss of love and affection and the interest at the rate of 7.5% p.a.. It is, however, also noted that the tribunal did not apply the correct multiplier having regard to the age of the deceased (between 35-40 years) multiplier of 16 was inappropriate, the correct multiplier being 15.

(3.) The tribunal found the annual loss of dependency at Rs. 28,720/- after deduction of one-third towards personal and living expenses from the notional wages. The loss of dependency, on the multiplier of 15 would come to (Rs.28,720/- x 15) Rs. 4,30,800/-.