BODHANBAI Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS is a claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 21 of 1981 decided on 1. 10. 1988 whereby the Tribunal for the death of the deceased Bhonduram, aged about 38 years, caused by motor accident awarded the compensation of Rs. 28,500/- only with interest at the rate of 6 per cent per annum from the date of the award.

(2.) LEARNED Counsel for the appellants submitted that the deceased was getting a gross pay of Rs. 740/- who left seven dependants, therefore, the deduction of 1/3rd for personal expenses was erroneous. It is also contended that the multiplier applied of 10 is on lower side. In the head of consortium no amount of compensation has been awarded. After applying the method of multiplier a deduction of 10 percent is illegal and improper.

(3.) AFTER hearing Counsel for the parties, we are of the view that the compensation awarded by the Tribunal is on wrong application of law which is inadequately low. The deceased was getting gross pay of Rs. 740/- p. m. who was having seven dependants and it cannot be expected that he would incur 1/3rd as personal living expenses on himself. Therefore, the dependency deserves to be increased from Rs. 422/- to Rs. 500/- per month, yearly Rs. 6,000/ -. The deceased was aged 38 years, therefore, the multiplier ought to have been of 13. Thus, the total compensation will come to Rs. 78,000/- besides the conventional figure of Rs. 5,000/- in the head of consortium. Thus, the total compensation the claimants would be entitled to would be Rs. 83,000/- with interest at the rate of 12 per cent per annum from the date of application till the date of deposit. Of course, the insurance company shall be entitled to adjustment of the amount already deposited with its proportionate interest.