NEW INDIA ASSURANCE COMPANY LIMITED Vs. HUKAM CHAND

JUDGEMENT

(1.) THIS appeal is by the insurance company disputing the income and the multiplier applied by the Motor Accident Claims Tribunal, Jagadhri (for brevity, the 'MACT'), who allowed the claim filed by the legal heirs of deceased Amit Goel. Deceased Amit Goel was travelling with some other passengers in a car on 14.04.2008 with Jai Kishan behind the wheel.

(2.) THE car reached little ahead to Bidpur Tiraha, ahead to village Pilkhani when a tractor trolley driven by Jasbir -respondent No.3 came and struck against the maruti car. The accident proved fatal for Jai Kishan and Amit. The driver fled from the spot leaving his vehicle behind. The claimants have pleaded that Amit was unmarried and was a salesman at a petrol pump in Jagadhri and also used to distribute newspapers and his income was Rs.10,000/ - per month. The Tribunal accepted the salary certificate (Ex.P -2) and calculated the compensation taking the annual income to be Rs. 93,600/ -. A multiplier of 18 was applied. A deduction of 50% was made towards personal expenses and loss was calculated at Rs.8,42,400/ -. A sum of Rs. 10,000/ - was added as funeral and transportation charges.

(3.) THE submissions made on behalf of the appellant is that only a certificate was tendered in evidence in the statement of PW3 to show that Amit was getting annual salary of Rs.93600/ -. It was submitted that the petrol pump was being run by a partnership firm which would have maintained record, but no appointment letter, salary record was produced and the certificate should not have been considered. It was urged that though the witness had stated that the salary was shown in the income tax returns, but no effort was made to bring any corroborative material to support the statement and the income of labourer should have been taken to calculate the loss. It was urged that the Tribunal had applied the multiplier of 18 which should have been 14 considering the age group of the parents. It was urged that the issue regarding selection of multiplier when the deceased was a bachelor had been examined a number of times and a three Judges Bench in New India Assurance Company Ltd. Vs. Shanti Pathak (Smt.) and Ors., 2007 10 SCC 1, the Apex Court had applied the multiplier of 5 when the deceased was 25 years old and the mother of the deceased was about 65 years. It was contended that the Apex Court in National Insurance Company Ltd. Vs. Shyam Singh and Ors., 2011 7 SCC 65, decided on 04.07.2011 referred to several cases and held that multiplier of 8, taking the average age of the parents of the deceased to be appropriate.