CHANDAN KAUR Vs. WALI MOHAMMED

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment and award dt. 27. 1. 94 passed by learned Motor Accident Claims Tribunal, Balotra (hereinafter referred to as `the Tribunal'), whereby the Tribunal awarded a sum of Rs. 1,82,000/- in favour or appellant-claimant in M. A. C. Case No. 50/91 for the death of her husband Poonam Chand including interest and Rs. 45,000/- in favour of the appellant-claimant for the death of her son aged about 12 years in M. A. C. Case No. 52/91 including interest.

(2.) AGGRIEVED and dis-satisfied by the quantum of compensation awarded by the Tribunal, the appellant-claimants (for short `the claimants') have preferred the aforesaid two separate appeals seeking enhancement of compensation.

(3.) TAKING into account the future prospects and the age of the deceased, his monthly income can safely be determined to be at Rs. 4000/- and the dependency at the rate of Rs. 2000/ -. The Annual dependency comes to Rs. 24,000/ -. This amount needs to be multiplied by an appropriate multiplier to age group of the deceased. It is settled law that multiplier cannot exceed 18 years purchase factor. In the instant case, deceased was 40 years of age and the Second Schedule to section 163-A of the M. V. Act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years, a multiplier of 15 is appropriate. Thus, the annual dependency of Rs. 24,000/- needs to be multiplied by a multiplier of 15 years purchase factor. To this added conventional such of Rs. 15,000/- each for loss of company consortium and loss of estate and Rs. 2000/- for funeral expenses and Rs, 10,000/- for damages to the scooter. Thus, on proper computation, the total compensation works out to Rs. 4,02,000/- rounded to Rs. 4,00,000/ -.