SRI CHAND Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 3. 5. 1991 passed by the Motor Accident Claims Tribunal, Jaipur, in MACT Cases Nos. 51/87 and 52/87 whereby the learned Tribunal awarded a sum of Rs. 22,000/- in MACT Case No. 52/87 in respect of injuries sustained by the injured claimant- appellant Sri Chand and Rs. 1,55,000/- in MACT Case No. 51/87 in respect of death of Late Sh. Kashi Ram, in an accident took place on 12. 10. 1986 arising out of the motor vehicle. Both these appeals have been filed by the injured appellant as well as legal representatives of the deceased Kashi Ram for enhancement of the amount of compensation. Both the appeals are directed against common judgment, therefore, they are being disposed off by this common order.

(2.) LEARNED counsel for the appellant submits that in the case of injured Sri Chand, the amount of compensation of Rs. 10,000/- on account of injuries as well as mental agony is inadequate and it should at least be enhanced to Rs. 20,000/ -. So far as compensation in respect of death of Kashi Ram is concerned, the learned counsel for the appellant submits that his age was 26 years and in view of statements of applicant witnesses, the deceased was earning more than Rs. 3,500/- per month. Therefore, the total amount of compensation of Rs. 8,81,000/-, as claimed in the claim application, should be awarded.

(3.) AFTER considering the age and income of the deceased, I find that amount of compensation awarded is not just and reasonable and it is liable to be enhanced. Therefore, in the interest of justice, I think it fit and proper to apply the multiplier of 30 in the present case looking to the age of the deceased. Therefore, the amount of compensation comes to Rs. 600 x 12 x 30, i. e. , Rs. 2,16,000/ -. In addition to it, the amount of Rs. 11,000/- awarded by the Tribunal in other heads will also be added in this amount of compensation. Therefore, the total amount of compensation comes to Rs. 2,27,000/ -. Learned counsel for the appellant does not dispute that a sum of Rs. 1,55,000/-, as awarded by the Tribunal, has already been paid to the claimant- appellants and, as such, a direction is required to be issued to the respondents for payment of remaining amount of Rs. 72,000/ -. The appellants will also be entitled for the interest on this enhanced amount of Rs. 72,000/- @ 6% per annum from the date of claim application, i. e. , 7. 1. 1987, till the date of deposit of the amount in the Tribunal.