SARDARO AND ORS. Vs. DARSHAN SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal brought by the claimants for enhancement of compensation awarded to them by learned Motor Accidents Claims Tribunal, (Fast Track Court), Patiala (for short 'the Tribunal') vide award dated 17.12.2010 in a sum of Rs. 5,20,000/ - for the death of Buta Ram in a road side accident that took place on 21.09.2009. The claim petition had been brought by the widow and three children of the deceased under section 166 of the Motor Vehicles Act, 1988. Buta Ram was of the age of 47 years. He was having business of sale and purchase of buffaloes as well as dairy farming. He had a monthly income of Rs. 18,000/ -. He met with an accident on 21.09.2009 and he was taken to PGI, Chandigarh where he died. A sum of Rs. 30,000/ - was spent on treatment and transportation of the dead body and a sum of Rs. 20,000/ - was spent on his last rites. Consequently, a sum of Rs. 20,00,000/ - was claimed as compensation on his death.

(2.) THE respondents not only denied the accident to have occurred in the manner given by the claimants with their vehicle, but also denied the expenses incurred in treatment, transportation and last rites. They have also denied the income and age of the deceased as alleged by the claimants.

(3.) LEARNED counsel for the appellants has contended that Buta Ram died at the age of 50 years. According to him, the multiplier was selected by the Tribunal taking his age as 51 years, which is not proper. According to him, his age was 50 years and the multiplier suggested for the case in which the victim had been in the age group of 46 to 50 is 15 as per the decision of Hon'ble Supreme Court of India in Smt. Sarla Verma and others v. Delhi Transport Corporation and another : 2009 AIR (SC) 3104. He has submitted that learned Tribunal has erred in adopting the multiplier of 11. He has also submitted that the deceased was dealing in the business of sale and purchase of buffaloes and was running a dairy and his income taken by the Tribunal at Rs. 5000/ - per month is on a lower side.