ORIENTAL INSURANCE COMPANY LTD Vs. SHAJI DEVI

JUDGEMENT

(1.) HEARD the parties and with their consent, this appeal is disposed of at the stage of ORDER :41, Rule 11 of the Code of Civil Procedure.

(2.) ADMITTEDLY on 6.7.1990 Mahesh Kumar Sah aged about 18 years lost his life in a motor accident. It is said that he was a businessman and had hired the truck bearing Registration No. B.E.R. -7251 and was going on the said truck as owner of the goods which met an accident. The Tribunal on the basis of the materials on record assessed annual dependency as Rs.14,400/ - (1800x12 -1/3rd personal expenses of the deceased). However the Tribunal applied multiplier of 15, considering the age of the deceased. It is said that an important aspect of the matter i.e. the age of the mother of the deceased, who was the sale claimant was not taken into account. It is not in dispute that while deposing as A.W.

(3.) THE claimant herself gave out her age at 60 years. In such circumstances, the ratio of the decisions of the apex Court in General Manager, Kerala State Road Transport Corporation, Trivendrum vs. Mrs. Susamma Thomas and others (A.I.R. 1994 S.C. 1631) and in the case of U.P. Road Transport Corporation and others vs. Trilok Chandra and others, (1996) 4 S.C.C. 362 may be referred to. In my opinion, the appropriate multiplier in the present case should have been 8 in place of 15. Accordingly, the impugned JUDGMENT : and award is modified to the extent that instead of total amount of Rs.2,16,000/ -, the claimant respondent no. 1 shall be entitled to total amount of compensation to the tune of Rs.1,15,200/ - only plus 12% interest from the date of filing of the claim case till payment.