PAPPI Vs. KAMAL SINGH

JUDGEMENT

(1.) THE appellants -claimants have preferred this appeal under section 173 of the Motor Vehicles Act, challenging the award passed by the Tribunal in respect of the assessment of their dependency, of the income of the deceased and the consequent compensation.

(2.) IT is contended by the appellants : - -

(3.) WE have considered the rival contentions. The learned Tribunal on facts found that the dependency of the claimants was to the tune of Rs. 1,200/ - per month. The appellants -claimants have failed to show any circumstance in that regard, which may lead to a conclusion that dependency was more than what has been held. As such, the finding arrived at by the learned Tribunal is not open to challenge. As regards use of multiplier, the Schedule under the Motor Vehicles Act, 1988 provides that when the age of the deceased be between 35 years to 40 years, the multiplier of 16 may be used. The Tribunal has found the age of the deceased to be 31 years. The finding is based on the statement of his wife that her deceased husband was 31 to 35 years of age. In the post -mortem report, the Doctor conducting autopsy has mentioned the age of the deceased as 35 years. In these circumstances, there was no evidence to come to a finding that the deceased was aged 31 years. To that extent, while modifying the order we hold that his age could be taken to be of 35 years or more. In that situation the multiplier of 16 is to be used. The learned Tribunal had also erred in applying the multiplier of 12.