TEEJA Vs. PRABHU DAYAL

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 19.7.1994 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'The Tribunal') in Claim Petition No. 306/1984 filed by the appellants for compensation in respect of the death of Tulsi Ram the husband of the appellant No. 1 and the father of the appellant Nos. 2 to 6. The deceased met with an accident on 7.6.1984 while travelling in a bus bearing No. RRM 4758 which was owned by the respondent No. 2. The deceased was aged 38 years and at the relevant time was employed in the Malaria Department, Govt., of Rajasthan. He was at the relevant time drawing salary of Rs. 552/ - per month. The learned Tribunal awarded a sum of Rs. 1,25,000/ - (Rs. one lack twenty -five thousand only) to the appellants by way of compensation. Dissatisfied with the aforesaid award, the appellants have preferred this appeal for enhancement of the compensation.

(2.) THE submission of the learned Counsel for the appellants is that the learned Tribunal has erred in adopting the multiplier of 12 whereas as per the guidelines which are available in the II Schedule of the Motor Vehicles Act, 1988, in the cases of persons in the age group of 34 to 40 years, the multiplier of 16 ought to have been applied, as the deceased was 38 years of age. This fact with regard to the age of the deceased is not in dispute.

(3.) IN the facts and circumstances of the present case, the dependency of the family after deducting the amount for personal expenses has been determined by the Tribunal as Rs. 9,000/ - per year. In the instant case, in place of multiplier of 12 which was adopted by the Tribunal, a multiplier of 16, as prescribed under the M.V. Act, 1988 for person in the age group of 30 -40 years is hereby applied and, consequently, the amount of compensation is enhanced under the head of loss of earning and is calculated as Rs. 9000 x 16 = 1,44,000/ - (Rs. one lac forty -four thousand only). The appellants would consequently be entitled to receive the enhanced amount of compensation as Rs. 1,44,000/ - in place of Rs. 1,08,000/ - (Rs. one lac eight thousand only) for the loss of earning. However, it is made clear that the amount of Rs. 15,000/ - as awarded for loss of consortium remains unchanged in this appeal.