FATMA Vs. ERGABURUN SAUMUGAM NAIKAR

JUDGEMENT

(1.) THIS is an appeal filed by the original claimants against the order passed by the District and Sessions Judge, and Ex. Office Member, Motor Accidents Claims Tribunal Satara dated 19th of April 1982 in M.S.C. petition no. 30 of 1979.

(2.) SHRI Walawalkar the learned Counsel appearing for the appellants-contended before us that the learned Member of the Tribunal committed an error in coming to the conclusion that it was a case of contributory negligence which could be apportioned at 50 : 50. According to Shri Walawalkar the driver of the Chassis was solely responsible for the accident. He also contended that the compensation awarded by the Tribunal is wholly inadequate and it is also not based on any principle.

(3.) SO far as the quantum of compensation is concerned, in our opinion there is much substance in the contention of Shri Walawalkar. The learned Member of the Tribunal has taken as Rs. 400/- per month as amount of dependency, and on that basis has arrived at the compensation to the tune of Rs. 48,000/- which obviously means he had multiplied the said amount by applying multiplier of 10. It is also an admitted position that at the time of death the deceased was aged 34 years. Therefore the multiplier of 10 was wholly uncalled-for. On this case the correct multiplier would be 15. If on that basis the compensation amount is calculated then the claimants-appellants will be entitled to got Rs. 24,000/- more. The learned Member has also riot granted any compensation for the loss to the estate as well as loss of company etc. which in our view could safely be valued at Rs. 10,000/-. Therefore in addition to the amount of Rs. 48,000/- the claimants will be entitled to get additional amount of Rs. 34,000/-. On the basis of finding on issue of contributory negligence this amount have to be reduced or scale down to half. Thus the appellants-claimants are entitled to get Rs. 17,000/- over and above the amount of Rs. 24,000/- already granted by the learned Member of the Tribunal. Thus the appeal is partly allowed. The figure of Rs. 24,000/- is substituted by Rs. 41,000/-. As a necessary consequence of this order about the deposit etc. passed by the learned Member of the Tribunal will also be for the whole amount of Rs. 41,000/-. The additional amount of Rs. 17,000/- will also carry interest at per annum from the date of application till the amount is deposited in court or realised. The decree will be obviously joint and several against all the opponents. On the amount of Rs. 17,000/- being realised or deposited the Tribunal will pass appropriate order for deposit of the said amount also in consonance with the order already passed in that behalf.