MOHAR SINGH Vs. TRILOK CHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellants. Perused the record. ing1/3rd of the total yearly income of the deceased which was taken to have been spent by the deceased upon himself. This appeal, which arises out of the proceedings initiated by the claimants- appellants under section 166 of the Motor Vehicles Act is directed against the order passed by the Motor Accidents Claims Tribunal, whereunder the present appellants have been found entitled to a total amount of Rs. 1,89,200 with 12 per cent per annum interest from the date of filing of the application towards compensation in respect of the death of their son, Tehsildar Singh, aged 20 years in the motor accident which took place on 12.1.1996.

(2.) The Tribunal has found that the deceased, son of the claimants who had read only up to 5th class, was having an income of Rs. 1,800 per month. It may be noticed that the father of the deceased, the present appellant No. 1, was aged 45 years at the time of the accident while the mother of the deceased, the present appellant No. 2, was aged about 40 years. The deceased was the youngest son having four elder brothers.

(3.) While assessing the amount of compensation the Tribunal had taken into account the age of the claimants dependants and taking the guidelines envisaged under section 163-A of the Motor Vehicles Act read with the Schedule had proceeded to apply the multiplier of 13 as applicable to the persons falling in the age-group of 45 to 50. The extent of yearly dependency was determined to be Rs. 14,400 exclud