SHRI RAMA CHANDRAN PILLAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is claimants appeal arising out of award dated 22.4.1989 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as "the Tribunal"). The Tribunal has awarded an amount of Rs. 50,000/ - as compensation for the death of Jaya Chandran Pillai, aged 26 years who ' was working as Technical Assistant with M/s Groz Beckert Saboo Ltd., Chandigarh. The claimants mentioned that the age of the deceased was 26 years and his income was Rs. 15,000/ - per month. During the course of the enquiry by the Tribunal, witness from the employer of the deceased appeared who stated that the average basic wages of the deceased was Rs. 943/ -. He was also getting House Rent of Rs. 90/ - conveyance allowance of Rs. 45/ -, canteen allowance Rs. 40/ -. LTA of Rs. 30/ - and education allowance of Rs. 30A per month. In additional, he was also getting production incentive bonus of Rs. 60/ - per month and annual bonus of 20% of his basic wages. Despite this evidence, the Tribunal has determined the income of the deceased at Rs. 940/ - i.e. the basic wages and also assessed the dependency at Rs. 600/ -, keeping in view the age of the parents of the deceased. As per the evidence on record, mother of the deceased was 49 years of age and father of the deceased was 52 years of age. No valid reason is given for determining the income of the deceased at Rs. 940/ - per month. Admittedly, besides the basic wages of Rs. 943/ -, the deceased was earning Rs. 295/ - as allowance per month and Rs. 188/ - as annual bonus. Since payment of bonus is dependent upon certain conditions, it may be excluded. Thus, the gross income of the deceased comes to Rs. 1,050/ - and i.e. 1/3rd amount is excluded, it comes to Rs. 700/ - per month.

(2.) THEREFORE , the dependency of the deceased is determined Rs. 700/ - per month. The multiplier applied by the Tribunal is also not correct. Even the average age of the parents of the deceased comes to 50 years and as per Second Schedule to the Motor Vehicles Act, the multiplier to be applied is 13. I feel that multiplier of 10 will be reasonable. By applying multiplier of 10 and by enhancing dependency to Rs. 700/ - per month, the compensation amount comes to Rs. 84,000/ -. The Tribunal has awarded interest only in the event of failure to pay the awarded amount on or before 30.6.1989. The interest awarded is at the rate of 12% per annum. The appellants are also entitled to interest as awarded by the Tribunal on the enhanced amount of compensation as well. Let the enhanced amount of compensation along with interest at the rate of 12% per annum be paid within a period of three months.