SAVITRI Vs. REJENDER

JUDGEMENT

(1.) The question involved in this appeal is "as to whether in case of assessment of compensation on an application filed under Section 166 of the Motor Vehicles Act, 1988, the multiplier is to be applied in respect of the age of the deceased or the claimant, whichever is higher? " In short, the appellants are the parents of the deceased Parveen aged 22 years, who have been awarded compensation by the Motor Accident Claims Tribunal, Bhiwani (for short 'the Tribunal') on their application filed under Section 166 of the Motor Vehicles. Act, 1988 (for short 'the Act') to the tune of Rs. 3,03,000/- with cost and interest @ 7-1/2 per annum from the date of institution of the petition till its realization. After assessing the income of the deceased to the tune of Rs. 4,000/- per month, 50% was deducted being a bachelor and on a sum of Rs. 2,000/- per month, multiplier of 12 was applied keeping in view the age of the mother of the deceased who has been held to be the sole claimant in view of the fact that the deceased was bachelor and a sum of Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses have been awarded additionally.

(2.) The only grievance of appellants is about the application of multiplier of 12 keeping in view the age of the claimant/mother. He has submitted that the age of the deceased is to be considered on an application filed under Section 166 of the Act. In this regard, he has relied upon two decisions of the Supreme Court in the case of (i) Smt. Sarla Verma and others v. Delhi Transport Corporation and another, 2009 155 PunLR 22; (ii) P.S. Somanathan and others v. District Insurance Officer and another, 2011 162 PunLR 497

(3.) In reply, learned counsel for respondent No. 2 has submitted that there is no error on the part of the Tribunal in applying multiplier of 12 because the deceased was 22 years of age and his mother is 45 years of age and in a petition filed under Section 166 of the Act, the multiplier has to be adopted by determining the age of the deceased or that of the claimant whichever is higher. She has relied upon a decision of the Supreme Court in the case of Shakti Devi v. New India Insurance Co. Ltd. and another, 2011 161 PunLR 497.