SEESO & ANOTHER Vs. ARVIND KUMAR & OTHERS

JUDGEMENT

(1.) Jagtar alias Bilu (since deceased), aged 21 years, was driving a canter bearing No. PB-10BY-3323 on April 16th, 2008. The canter met with an accident with truck bearing No. HR-58-7897 near Sukhdev Hotel, G.T. Road, Murthal. The accident took place on account of negligence of Arvind Kumar driver of the truck. FIR No. 69 dated April 16th, 2008 under Sections 279 and 304-A etc. IPC was registered in Police Station Murthal against Arvind Kumar. Parents of Jagtar Singh filed claim application before the Motor Accident Claims Tribunal (for short "the Tribunal"), Sonepat under Section 166 of the Motor Vehicle Act.

(2.) It was pleaded that Jagtar Singh was a bachelor. He was a driver. The salary of Jagtar Singh was Rs. 7000/-per month. The Tribunal held the salary of the deceased at Rs. 3800/-per month and deducted 50% out of the same in view of the judgment rendered by the Hon'ble Supreme Court in Smt. Sarla Verma and others vs. Delhi Transport corporation and another,2009 AIR(SC) 3140 Taking into consideration the age of father of the deceased to be 50 years, the Tribunal applied multiplier of 11 and awarded compensation of Rs. 2,50,800/- along with interest at the rate of 7.5% per annum from the date of filing claim application till its realization.

(3.) The solitary submission of learned counsel for the appellant is that in view of the judgment Sarla Verma's case which was relied upon by the Tribunal, the multiplier should have been 13 and not 11. Finding the submission to be convincing and taking into consideration the age of father of the deceased, that is, 50 years, multiplier of 13 is to be applied. Applying the same, the amount of compensation comes to 1900 x 12 x 13=Rs.2,96,400/-. Besides, an amount of Rs. 2000/-is also awarded for funeral expenses. In all, the amount of compensation is assessed at Rs. 2,98,400/-, that is, Rs. 47,600/-are awarded over and above the amount awarded by the Tribunal. The interest on the enhanced amount shall be paid at the same rate as was awarded by the Tribunal from the date of filing claim application till the amount under the impugned Award was deposited by the respondents.