KAMLABAI Vs. ASHISH

JUDGEMENT

(1.) This appeal has been filed by the mother and father of the deceased for enhancement of compensation against the award dated 25.4.2009, passed by the Member, Motor Accident Claims Tribunal, Shajapur in Claim Case No. 90/2008, whereby the learned Tribunal awarded a sum of Rs. 2,40,500 as compensation to the appellants.

(2.) Learned Counsel for the appellants submits that at the time of death the deceased was 26 years of age and in view of the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298, the multiplier of 17 would be applicable. He further submitted that the learned Tribunal wrongly, on the basis of age of the mother of the deceased, applied the multiplier of 11. He also drew my attention to paragraphs 21, 22, 23 of the judgment of the Apex Court in the case of P.S. Somanathan & Ors. v. District Insurance Officer & Anr., 2011 1 ACC 659, wherein the Apex Court has opined that the law as has beer laid down correctly in the case of Sarla Verma , in a very we considered judgment, is to be followed.

(3.) In view of the above, this Court is of the view that the multiplier of 17 would be applicable. By applying the multiplier of 17 the enhanced amount of loss of dependency comes to 21,000 x 6=Rs. 1,26,000. In other conventional head a sum of Rs. 14,000 is further enhanced. Thus, the total amount comes to Rs. 1,40,000, which is hereby enhanced. The enhanced amount shall also carry interest @ 7.5% form the date of application till its realization.