BHAGIRATH SHARMA Vs. HARDEEP SINGH

JUDGEMENT

(1.) The present appeal arises out of the award dated 18.3.2003 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,95,000/- along with interest @ 9% per annum to the claimants.

(2.) A claim petition was filed on 11.3.1996 and an award was made on 18.3.2003. Aggrieved with the said award enhancement is claimed by way of the present appeal.

(3.) As regards the contention of the counsel for the appellant that the tribunal has erred in applying the multiplier of 13 in the facts and circumstances of the case, I feel that the tribunal has committed no 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 book of MV Act. 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 was aged 20 years at the time of the accident and the father of the deceased was 46 years of age at the time of the accident. Considering this and in the facts of the present case, I am of the view that the tribunal did not err in applying the multiplier of 13 which is according to the II schedule of the MV Act.