RAM PHER Vs. AVNASH MAHAJAN

JUDGEMENT

(1.) THE controversy in appeal here is with regard to the quantum of compensation payable to the parents of Harish Chander deceased who was killed when he was involved in an accident with the Matador van No. CHW 654. This happened on the Chandigarh-Panchkula Road at about 8 p. m. on June 13, 1983. After holding that the blame for the accident lay wholly upon the driver of the Matador, the Tribunal held the claimants entitled to a sum of Rs. 1,15,200/- as compensation including the amount already received by them under Section 92-A of the Motor Vehicles Act, 1939.

(2.) REFERENCE to the record would show that Harish Chander deceased was only about 23 years of age at the time of his death. The claimants here are his parents, namely, his 60 years old father and his mother, who was 55 years of age at the time of his death. The dependency of the claimants was assessed at Rs. 600/- p. m. The challenge now is, in the main, to the multiplier adopted, namely, '16'.

(3.) COMPENSATION in such cases has to be assessed keeping in view the principles laid down by the Full Bench in Lachman Singh v. Gurmit Kaur 1979 ACJ 170 (Pandh ). One of the most relevant consideration there is undoubtedly the age of the deceased and that of the claimants. Further, it is now settled law that the normal multiplier to be adopted is '16' but where the age of the claimants is as that of the parents of Harish Chander deceased, here such a multiplier cannot indeed be justified. The Tribunal must accordingly be held to have fallen in error in adopting '16' to be the multiplier. The more appropriate multiplier would be '10' but keeping in view the fact that the parents are still living and there is no suggestion that they are otherwise than in good health, as a matter of abundant caution, a multiplier of 12 may be adopted in the present case. So computed, the compensation payable to the claimants would work out to Rs. 86,400/- which may be rounded off to Rs. 87,000/ -. The compensation payable to the claimants is accordingly hereby reduced to this sum. The amount already paid to the claimants under Section 92-A of the Motor Vehicles Act, 1939 has, of course, to be deducted from this sum. In other words, the compensation payable to the claimants now would be Rs. 72,000/- which the claimants shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded.