CHANDRAWATI & ORS Vs. ZAKIR HUSSAIN & ORS

JUDGEMENT

(1.) This misc. appeal is directed against the award dated 19.2.1994 passed by the Motor Accident Claims Tribunal, Jaipur in MACT Case No. 919/1989 for enhancement of the compensation awarded to the appellant by the learned Tribunal on account of death of the deceased husband of the appellant No. 1 and the father of the appellant Nos. 2 to 6 and son of the appellant No. 7, who died in a motor accident, which took place on 2.9.1989.

(2.) The only submission of learned Counsel for the appellants is that the learned Tribunal erred in adopting a multiplier of 15 to the facts and circumstances of the present case when the age of the deceased was only 30 years as has been found by the learned Tribunal while deciding issue No. 3. Consequently, learned Counsel for the appellants submits that having assessed the income contributed by the deceased towards his family from out of Rs. 1,500/- as Rs. 1,000/- per month and the annual contribution towards the family of the deceased was assessed as Rs. 12,000/- and in place of the multiplier of 15 in accordance with the provisions of the Schedule-II of the Motor Vehicles Act, 1988 the multiplier of 18 should be adopted. Learned Counsel for the respondents does not dispute this position of the law as is enumerated in the Schedule-II of the Motor Vehicles Act, 1988. Consequently, for the head of loss of income, the sum is assessed in this appeal is Rs. 12000 x 18 = Rs. 2,16,000/- (two lacs and sixteen thousand). Since the amount of Rs. 1,80,000/- has been awarded under this head by the learned Tribunal and which has been paid to the appellants, therefore, the same is liable to be deducted out of Rs. 2,16,000/- and the balance amount of Rs. 36,000/- (thirty six thousand) is liable to be paid to the appellants for the loss of income in addition to the one, which has already been paid under the award.

(3.) Learned Counsel appearing on behalf of the appellants further submits that a very meagre sum of Rs. 15,000/- was awarded by the learned Tribunal under the consolidated head of loss of consortium, love and affection. Learned Counsel for the appellants submits that there were several claimants being the widow, five children of the deceased and as per the yard stick adopted for loss of consortium under the provisions of the Schedule-II to the Motor Vehicles Act, 1988, a similar amount should be awarded to each of the other claimants for their loss on account of love and affection etc. Learned Counsel for the appellant has relied upon a decision of this Court, Rukma Devi and Others v. Ramavtar and Others, 1998 ACJ 1203 and has contended that for each of the child an amount of Rs. 5,000/- has been awarded by this Court for loss of fatherly affection and care and Rs. 5,000/- to mother for loss of consortium. Consequently in the instant case an amount of Rs. 5,000/- is awarded to each other children for loss of love and affection to the appellant Nos. 2 to 6 and Rs. 5,000/- to the appellant No. 7 (mother). The amount of compensation in the head of loss of consortium/love and affection is enhanced by 5000 x 6 = Rs. 30,000/-.