SHAKUNTALA Vs. SHARDA TRADE AND TRANSPORT CO

JUDGEMENT

(1.) This appeal has been filed against the award dated 20/5/1994 passed by the Motor Accidents Claims Tribunal, Dausa (hereinafter referred to as 'the Tribunal') in Claim Petition No. 85 of 1990 filed by the appellants for compensation on account of the death of Jhaman Lai, the husband of the appellant No. 1 who was Junior Engineer, working with the RIICO, a Government of Rajasthan Undertaking.

(2.) The submission of learned counsel for the appellants is that learned Tribunal assessed the income of the deceased who was aged 34 to 35 years at the time of accident as Rs. 5,000 and after deducting Rs. 1,700 by way of personal expenses held dependency of the family and contribution towards the family as Rs. 3,300 per month. The annual dependency of the family was, therefore, assessed as Rs. 39,600. However, learned counsel for appellants has submitted that learned Tribunal in the case of deceased aged 35 years has erred in applying the multiplier of 10 and assessed the compensation for loss of earnings as Rs. 3,96,000 only.

(3.) Learned counsel for the respondents has submitted that in the case of fatal accidents, in case, the multiplier has to be increased, the provision of the Second Schedule to Motor Vehicles Act, 1988 may be safely relied upon and not the multiplier of the balance number of years that the deceased was to remain in service should be applied assuming that the deceased would have retired at the age of 58 years and, therefore, the multiplier of 23 could not be applied in this case.