MALTI BAI Vs. ASHGAR

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicles Act for enhancement of compensation at the instance of the claimants. Brief facts of the case are as under : -

(2.) THE Claims Tribunal assessed the compensation of Rs. 1,98,000/ - and reduced 2/3rd amount towards his own expenses, and awarded Rs. 66,000/ - as general damages, Rs. 2,000/ - for funeral expenses, Rs. 2,500/ - for loss of property, Rs. 5,000/ - towards consortium and thus a total award of Rs. 75,500/ - was passed.

(3.) I have perused the impugned award. As per the findings of the Claims Tribunal the age of the deceased at the time of accident was 55 years and his income as per finding of the Claims Tribunal is assessed at Rs. 18,000/ - per annum. The dependency after deducting his expenses would come to Rs. 12,000/ -. As per the judgment of the Supreme Court in the case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and others (1994 ACJ 1) as per schedule under section 163 the multiplier of 11 is applicable at the age of 55 years and after applying the said multiplier the amount of general damages which come to Rs. 1,32,000/ -. The claimants are also entitled to the other amounts i.e. Rs. 2,000/ - for funeral expenses, Rs. 2,500/ - for loss of property and Rs. 5,000/ - towards consortium, the claimants are entitled to a total Rs. 1,41,500/ - towards compensation. The said amount seems to be just and reasonable.