MASTER ULLAS Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE award was given by Shri P. L. Goyal, Motor Accident Claims Tribunal, Karnal, whereby the claim petition filed by the appellants was allowed and they were held entitled to a sum of Rs. 2,49,600/- by way of compensation. The appellants were further held entitled to interest at the rate of 12% per annum with effect from the date of filing the petition till the final payment. Out of the amount of compensation, a sum of Rs. 49,600/- was ordered to be deposited in the name of Master Ullas (appellant No. 1 herein), and the balance amount of Rs. 2,00,000/-along with proportionate interest was ordered to be paid to the widow, Smt. Susbma Unni Krishanan. This award is being impugned by the appellants by way of present appeal, solely on the ground that the compensation awarded by the Motor Accident Claims Tribunal is inadequate.

(2.) IT is not disputed before me by the learned counsel for the parties that the deceased at the time of accident was only 30 years of age. At the time of accident, he was employed in the organisation, Enfiled India Limited, as Depot Incharge, Marketing Division at Karnal, and drawing a salary of Rs. 1,925. 16 P. He left behind the appellants, widow and a minor son. The Motor Accident Claims Tribunal found that out of the salary, the deceased must have been spending Rs. 625/- per month on himself, and therefore, dependency of the appellants was determined at Rs. 1,300/- per month. After applying a multiplier of 16 a sum of Rs. 2,49,000/along with interest at the rate of 12% per annum was awarded.

(3.) LEARNED counsel for the appellants has referred to some decisions on the subject where multiplier of more than 20 was applied. In Jyotsna Dey v. State of Assam (1987-1) 91 P. L. R. 646 (SC), where the age of the deceased was 45 years a multiplier of 25 was applied, but 20% deduction was made on account of lump sum payment ; in Smt. Kiran Wati, widow v. Hari Singh (1990-2) 100 P. L. R. 255, where the deceased was 29/30 years of age, multiplier of 20 was applied and in Smt. Urmila Devi v. Baljit Singh (1989-1) 95 P. L. R. 562, where the deceased was 39 years of age, multiplier of 20 was applied.