DIVISIONAL MANAGER Vs. MAMTA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Tribunal passed by the Additional District Judge (Claims Tribunal) Gaya in M.A.C. Case no. 31/91/8/91. Insurance Company is appellant here.

(2.) APPELLANTS ' lawyer submitted that the deceased was aged about 25 years and claimants were his widow and children and as also his father. The tribunal assessed the quantum of compensation by multiplying 35 to the annual income of the deceased after deducting the amount from the annual income towards his personal expenses. The tribunal, therefore, assessed annual dependency value of the claimant at Rs. 12,000/ -. As claimed by the claimants themselves, the deceased was earning Rs. 1500/ - permonth. So the amount towards his personal expenses would be Rs.500/ -. The tribunal wrongly applied the multiplier 35. Multiplier fixed by the Act would be 18 regarding the age group of 25. So applying the principle either of dependancy or of multiplier, the quantum of compensation granted by the tribunal is apparently wrong and illegal.

(3.) IN the result, I find that, of course, tribunal applied a wrong multiplier (35) So maximum multiplier of 18 should have been used by the tribunal for assessing the actual amount of compensation paid to the claimant -respondents. So applying multiplier of 18 to the annual income of the deceased, the amount of compensation shall come to Rs. 2,16,000/ - which is apparently higher than the amount of compensation by applying the principle of dependency.