SUMAN VYAS Vs. JAGJEET SINGH

JUDGEMENT

(1.) One Avnish Kumar Vyas was travelling in a Maruti car which was hit by a truck and he died in the accident. His claimants filed Claim Case No. 25 of 1996 and Additional M.A.C.T., Kukshi, District Dhar, awarded them only Rs. 1,70,000 even though the compensation amount was determined at Rs. 3,12,000. The deduction was made on account of the direction to make lump sum payment to claimants and also because they were receiving pension and insurance amount of the deceased.

(2.) Claimants have filed this appeal for the enhancement of compensation on the ground that Tribunal had applied an inadequate multiplier of 13 and that it could not have reduced the award to Rs. 1,70,000 because of lump sum payment ordered and the pension and insurance amount received by them. According to them age of the deceased was 43 years and multiplier applied should have been 15 instead of 13 as per the Schedule appended to section 163-A of Motor Vehicles Act. It is also submitted that Tribunal had worked out the dependency of Rs. 2,000 wrongly once the salary of the deceased teacher was proved to be Rs. 3,253 p.m.

(3.) Record shows that there is some dispute about the age of the deceased and Tribunal had fixed it at 46 years on the basis of the post-mortem report. Therefore, there is no warrant for interference as regards the multiplier of 13 applied by it. The same holds true about the determination of the dependency which has been done in the light of the evidence on record. But, there is no justification for deduction of compensation amount determined on account of lump sum payment having been ordered to the claimants or for the pension and insurance amount received by them. The Tribunal appears to have fallen in error in reducing the award on that account.