MOHAN LAL Vs. RAMESHWAR

JUDGEMENT

(1.) THE appellants-claimants who are the legal heirs of Rajinder Kumar who died in a motor vehicles accident on November 22, 1993, filed this letters patent appeal claiming enhancement of compensation awarded by the learned Single Judge in F. A. O. No. 995 of 1984 dated August 9, 1988.

(2.) THERE is no dispute that the accident took place as a result of rash and negligent driving of the truck bearing No. HRL 3227. Admittedly, the deceased was aged about twenty four years at the time of accident and the claimants are his parents. The learned Single Judge assessed the dependency at Rs. 250.00 per month and applied a multiplier of sixteen and awarded a sum of Rs. 50,000.00 to the claimants while the Motor Accident Claims Tribunal, Kurukshetra, assessed the dependency at Rs. 200/ -. We have gone through the record and on a consideration of the material on record, we are of the opinion that the monthly income of the deceased can reasonably be fixed at Rs. 1000.00 per month in which case the dependency of the parents can be taken as Rs. 500/per month. Thus, the yearly dependency can be assessed at Rs. 6000.00 per year. The learned Single Judge adopted a multiplier of sixteen which according to us is on higher side. While determining the compensation payable to the parents, the age of the parents is to be taken into account. The father was aged about fifty years and the mother was aged about forty five years at the time of death of their son. In the circumstances of the case, we fell that the proper multiplier would be twelve. Therefore, the compensation can be assessed at Rs. 72,000/ -. To this we add a sum of Rs. 3000.00 towards mental agony and suffering by the parents of the deceased for the loss of their son. Thus, in all we award a total compensation of Rs. 75,000.00 with interest at the rate of twelve per cent from the date of filing of the application for compensation before the Tribunal.

(3.) THIS Letters Patent Appeal is accordingly allowed in part. However, there will be no order as to costs.