SUMAN HANDA Vs. KIRPAL SINGH

JUDGEMENT

(1.) This common order shall dispose of two appeals being MAC APP No. 294/2000 and FAO No. 321/2000.

(2.) Brief summary of the facts are that on 28.10.1988 at about 3 p.m the deceased along with Mr. Madan Mohan was coming on a two-wheeler scooter bearing registration No. DBJ-2379 from the side of Khera Kalan towards upper G.T. Road near Nangli Puna Village side, when the truck bearing registration No.DHI-4197 driven by Kirpal Singh, came from the wrong side at a very high speed and hit the scooter on which the deceased was sitting and the impact was so much that the deceased along with the scooter was dragged upto 20 feets and was crushed to death.

(3.) Counsel appearing for the appellant confined his arguments only so as to challenge wrong application of multiplier by the Tribunal. Contention of learned counsel for the appellant is that the deceased was 38 years of age on the relevant date of accident and he was survived by his wife, mother and father and if the age of the deceased is taken into consideration, appropriate multiplier under the IInd Schedule of the Motor Vehicles Act would be 16 and not 13. Counsel, thus, prays that the award be modified to the extent of correcting the said multiplier from 13 to 18.