SURENDRA SINGH Vs. VIJAY SINGH

JUDGEMENT

(1.) These four appeals involve common questions as to: correct multiplier to be applied to the multiplicand; claim for future prospects (in cases involving death of a bachelor employed on fixed salary etc.) to determine the just, proper, reasonable and fair amount of compensation to be paid to the parent claimants, upon death of a bachelor caused in an accident involving a motor vehicle. Three of the appeals have been filed by the claimants for enhancement of the compensation awarded by various Motor Accident Claims Tribunals while one appeal has been filed by the insurance company contending the compensation awarded is excessive.

(2.) While, the claimants who are appellants in three appeals and respondents in one appeal (hereinafter referred to as the claimant), contend the multiplier should have been applied with reference to the age of the deceased (a bachelor), the insurance companies who are the respondents in three appeals and appellant in one appeal (hereinafter referred to as insurer), contend, the deceased, in each appeal being a bachelor and the claimants being parents of the deceased, the multiplier should have been applied with reference to the age of the claimants and not the deceased. Also, while the claimants claim computation of loss of income by giving benefit of future prospects, the insurers resist that claim on the ground that the deceased were only earning fixed income and therefore the claimants were not entitled to benefit of future prospects. Also, according to the claimants the amount awarded towards non-pecuniary loss is too less while according to the insurers reasonable amount has been awarded.

(3.) Common facts, as found by the different Tribunals relevant to computation of the multiplier, that form the subject matter of submissions advanced on either side, are noted below in the chart : F.A.F.O. No.