MANNO DEVI Vs. DHAN SINGH

JUDGEMENT

(1.) This is an appeal against the order of the Motor Accidents Claims Tribunal dated 4.8.1979, awarding Rs. 20,400.00 as the compensation.

(2.) Kadam Singh s/o Chandgi Ram, was driving taxi No. DLT 4162, which was hit by the Air Force truck No. UD 43793, owned by the Defence Ministry, Government of India. The accident took place on 18.10.1971 at about 10.40 p.m. on Sadar Thana Road, near Base Hospital, Delhi Cantt. There is no cross- appeal by the Union of India. Thus, the fact of the accident and the liability of the Union of India stands admitted. This is an appeal by the claimants for enhancement of compensation. The claimants, who are the father, mother, brother and the sister, have claimed Rs. 1,50,000.00 as the compensation.

(3.) The Tribunal had found that the deceased was earning Rs. 400.00 per month as a taxi driver. In the absence of any better evidence that finding is confirmed. Taking l/3rd deduction on personal expenses of the deceased, his contribution to the family would have come to about Rs. 275.00 per month. The father of the deceased was 53 years old at the time of the accident and the mother was also alive at that time. The Tribunal applied the multiplier of 10, holding that that would be the period for which the deceased would have supported the parents. Counsel for the appellants states that both the parents are still alive after 16 years of the accident. Considering this fact, I hold that the multiplier of 20 should be made applicable in this case, assuming that the parents will live for another 4 years.