PHOOLPATI AND ANOTHER Vs. RAJESH KUMAR AND OTHERS

JUDGEMENT

(1.) This is the claimants' appeal seeking enhancement of the award passed on the petition filed under Section 163-A of the Motor Vehicles Act.

(2.) The petitioners are the parents of Sombir. Their son was 19 years old and unmarried. He met with an accident on 8.201 A Neel gai (cow) suddenly appeared in front of the car in which the deceased was travelling. The driver lost control. It was claimed that the death had occurred while the vehicle was in use. The claimants had pleaded that their son was a student and an agriculturist and earning Rs. 3300/- per month. The Tribunal noticed the facts in the DDR and the evidence and gave a firm finding that the death had occurred in an accident while the vehicle was in use. The income of the deceased was taken as Rs. 3300/- per month. Taking the age of the parents as 39 and 40 years and making a deduction of 50%, the annual dependency was taken as Rs. 19,800/-. The multiplier of 15 was applied and the compensation was calculated as Rs. 2,97,000/-. A sum of Rs. 20,000/- was added for loss of love and affection, conveyance and last rites raising the total to Rs. 3,17,000/-. The appeal was filed with a delay which was condoned.

(3.) The submission on behalf of the appellants is that the multiplier of 16 should have been applied as per the second schedule attached to the Motor Vehicles Act. Counsel for the appellants had also submitted that the interest allowed was only @ 6% which should also be increased. Reliance was placed on Krishan and another v. Sukhdev Singh and others 2013 (7) RCR (Civil) 2595 and Bajaj Allianz General Insurance Company Limited and others v. Anil Kumar and others The Punjab Law Reporter Vol. CLXXIII- (2014-1) 129.