BANWARI LAL Vs. SANDEEP KUMAR AND ANOTHER

JUDGEMENT

(1.) (Ora) - CM No. 18209-CI of 2015 Application is allowed, as prayed for. Annexure P-1 is taken on record. FAO No. 4866 of 2009

(2.) The appeal is for enhancement of claim for compensation for death of a male, aged 18 years, who was a student studying B. Tech course. The Tribunal assessed a compensation of Rs.1,60,000.00. The claimant was the father.

(3.) The scales of compensation have gone up very high and what was originally thought of to be conventional sums have become larger amounts than the extent of dependency that is normally assessed. Theory of multiplier itself has undergone a whole change. A multiplier which is to represent the number of years' purchase to make possible for a yield as a corpus that will secure a return of investment in a stable economy has now undergone a change in understanding that even apart from what a claimant could obtain by way of return during his lifetime which would be for the number of years that he would be alive to receive, it has been authoritatively held that it is the age of the deceased which will prevail to determine the multiplier. All these dispensations are only to secure a homogeneous approach and remove the element of arbitrariness. At a more philosophical level, it could be understood that life is precious and priceless and it will be difficult to assess even a monetary compensation. The court that determines compensation accommodates conflicting interests and tries to secure some reparation which in the very scheme of things could be only monetary compensation and not words of sympathy. The idea is that money can purchase peace, if it ever happens.