DAVINDER SINGH Vs. SHRI VIJAY MISRA

JUDGEMENT

(1.) The present appeal arises out of the award dated 12.2.2001 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs.12,03,000/- along with interest @ 9% per annum to the claimants.

(2.) Sh. R.D. Shahalia counsel for the appellants has assailed the said award on the following grounds. The counsel submitted that the tribunal has erroneously applied the multiplier of 11 while computing compensation when according to the facts and circumstances of the case multiplier of 13 should have been applied. The counsel also raised the contention that the rate of interest allowed by the tribunal is on the lower side and the tribunal should have allowed simple interest @ 18% per annum in place of only 9% per annum. The counsel contended that the tribunal has erred in not awarding adequate compensation towards loss of love and affection, funeral expenses, loss of estate, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants.

(3.) As regards the contention of the counsel for the appellant that the tribunal has erred in applying the multiplier of 11 in the facts and circumstances of the case, I feel that the tribunal has committed error. This case pertains to the year 1996 and at that time II schedule to the Motor Vehicles Act had been brought on the statute books. The said schedule came on the statute book in the year 1994 and prior to 1994 the law of the land was as laid down by the Hon'ble Apex Court in 1994 SCC (Cri) 335, G.M., Kerala SRTC v. Susamma Thomas. In the said judgment it was observed by the Court that maximum multiplier of 16 could be applied by the Courts, which after coming in to force of the II schedule has risen to 18. The deceased at the time of the accident was of 44 years of age and she is survived by her two children and husband. Her husband must have been elder to him, going by traditions in India. In the facts of the present case, I am of the view that after looking at the age of the claimants and the deceased the multiplier of 13 as per the II Schedule should have been applied by the tribunal. Therefore, in the facts of the instant case , the award is modified to this extent.